Loading…

Question

After having graduated this May with Masters in Civil Engineering, I am currently awaiting decision on my F1-OPT application (submitted last month). There is a slight chance of my OPT application being denied. So, I am parallelly exploring the option of H1B-cap-exempt with a potential employer (at a R1 University): [Scenario 1] I want to ask if there are any issues in sending out H1B-cap-exempt application to USCIS after (in case) my OPT application is denied. Does this hypothetical scenario where I have surpassed the F-1 grace period (60 days from graduation) and my OPT request is denied put my legal status and thereby H1B application in jeopardy? If so, would it be advisable to leave the US as soon as my OPT application is denied and have the employer apply for H1B-cap-exempt while I am in my home country? [Scenario 2] What if the H1B application is submitted while the OPT decision is pending? Note that my H1B application in this scenario would be processed before the OPT application as the employer/University would be requesting premium processing for the H1B-cap-exempt application.

User's Location: West Lafayette, Alabama, United States of America

Category: Employment-based Green Card