H1B dilemma

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as some of you might have known, the h1b cap for 2013 has been reached, which messes the whole thing up for me..

im currently under opt which expires feb 2013 and i just accepted an offer at a prestigious tech company which starts soon (aug 2012)

i havent applied for h1b and now the quota for 2013 has been filled. hence, i would have to wait till april 2013 to apply. my question is will the company rescind their offer back once they know that my opt expires feb 2013 and that i wont be able to continue working next year until my h1b starts in oct 2013? p.s: they CLEARLY STATED in the offer letter that they sponsor work visas.

i have talked to many people about this and they said that i can try asking the company to temporarily relocate me overseas while waiting for my h1b next year. my question is would most companies be willing to do this, esp if it's a tech company? has any of you encountered/heard this kind of situation before?

Thanks

Comments (15)

 
Jun 27, 2012 - 8:53pm

Reading this thread makes so fucking mad. Obama could have done something for talented immigrants like these, but instead he chooses to pander to Hispanic voters and chooses to give relief to illegal immigrants.

I immigrated myself.

Please research the provisions for OPT/H1B further. I remember there being some kind of stipulation that lets to work/stay till you get an H1B. Do look into it.

God fucking dammit...people like this should get a Green Card immediately after they graduate. This is insane!

 
Jun 27, 2012 - 10:17pm

seedy underbelly:
@James: There's a 3.9+ Physics major from my previous Ivy (who most faculty members even call a "genius") who's now going back to his country because he didn't get a work permit. And then people wonder what caused America to lose its competitive edge...

What a shame! How come he doesn't go into a PHD program here in the U.S? Or maybe he is attending graduate school back home?

Too late for second-guessing Too late to go back to sleep.
 
Jun 27, 2012 - 10:37pm

@Hot1590: If your OPT ends after April 1st and you file for H1B before that date, your OPT can be extended until you get your decision. In our case, OPT is ending in February, so we are not eligible for a "cap-gap". I'm scheduled to start pretty soon with an investment bank. I hope everything works out.

 
Jun 28, 2012 - 12:33pm

Siddi21:
@Hot1590: If your OPT ends after April 1st and you file for H1B before that date, your OPT can be extended until you get your decision. In our case, OPT is ending in February, so we are not eligible for a "cap-gap". I'm scheduled to start pretty soon with an investment bank. I hope everything works out.

if i may know, is it a top-tier investment bank? someone told me that his friend (working at a BB) went through the exact same thing last year and the bank transferred him to an overseas branch while waiting for the H1B to open again...

if it's an international bank, i think you should be fine. the problem with my case is that i am not sure how international and willing my company would be. i do know that they have offices worldwide but i am not sure if those offices have any finance/accounting department or not. in that case, i am screwed...

 
Jun 28, 2012 - 7:09pm

leslier:
Siddi21:
@Hot1590: If your OPT ends after April 1st and you file for H1B before that date, your OPT can be extended until you get your decision. In our case, OPT is ending in February, so we are not eligible for a "cap-gap". I'm scheduled to start pretty soon with an investment bank. I hope everything works out.

if i may know, is it a top-tier investment bank? someone told me that his friend (working at a BB) went through the exact same thing last year and the bank transferred him to an overseas branch while waiting for the H1B to open again...

if it's an international bank, i think you should be fine. the problem with my case is that i am not sure how international and willing my company would be. i do know that they have offices worldwide but i am not sure if those offices have any finance/accounting department or not. in that case, i am screwed...

Yes it is the top bank. They are pretty much everywhere in the world. Just waiting to hear back from them.!

 
May 3, 2013 - 10:58am

OP and Siddi21, can you update us on where you are right now?

I am actually going through the exact same situation right now, with the OPT running out before April 1, which is when my employer file a petition for my H1B. HR called me yesterday that they can terminate my offer if they run out of options. This puts me in a very difficult position as I have declined an offer and interviews at other firms to commit to the exploding offer. Any input will be greatly appreciated.

Thanks

 
May 3, 2013 - 11:13am

Hope this helps:
"Optional Practical Training can in many circumstances run longer than the initial one year: in those instances where an H-1B has been submitted for the next fiscal year for someone on an F-1 with Optional Practical Training and actually accepted for processing, the period of authorized stay and employment authorization is extended for an additional period of months until the following October 1 - thus eliminating the "cap gap" problem."

Source:
http://www.reichimmigration.com/node/225

 
May 3, 2013 - 11:40am

Thanks WallStreetStandard for your reply.

I've looked at the "Cap Gap Extension" rule, and the problem is that my OPT ends BEFORE April 1, 2014, which is when my employer could submit a petition for H1B visa. To my knowledge, the rule would only apply if the employer submit the petition before my OPT ends.

I'm curious how leslier and Siddi21 handled the situation last year.

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