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Tricky situation

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Old Oct 16th 2006, 1:38 am
  #1  
olivech23
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Default Tricky situation

I finished my master degree last Dec and now I am with my OPT (optional
practical training) which will expire next Jan. The thing is one
company now is willing to sponsor me, but they wonder how can I stay
legal to work in the US after my OPT expires since all H1B quotas for
2007 are gone. Another thing is my fiance just got his H1B visa and he
is currently working. So I am thinking maybe I can start to work for
the company from now till next Jan and then convert to H4 and work as
an unpaid volunteer. If my H1B filing turns out successful, I will be
able to work as an official employer next Oct. Is this a feasible way
and not in any violation? If not, are there any other workable
solutions?
 
Old Oct 16th 2006, 2:48 am
  #2  
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Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: Tricky situation

Originally Posted by olivech23
I finished my master degree last Dec and now I am with my OPT (optional
practical training) which will expire next Jan. The thing is one
company now is willing to sponsor me, but they wonder how can I stay
legal to work in the US after my OPT expires since all H1B quotas for
2007 are gone. Another thing is my fiance just got his H1B visa and he
is currently working. So I am thinking maybe I can start to work for
the company from now till next Jan and then convert to H4 and work as
an unpaid volunteer. If my H1B filing turns out successful, I will be
able to work as an official employer next Oct. Is this a feasible way
and not in any violation? If not, are there any other workable
solutions?
Hi:

IMHO, a long detailed consulation with an experienced immigration lawyer is called for.
Folinskyinla is offline  
Old Oct 16th 2006, 2:55 am
  #3  
Joe Feise
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Default Re: Tricky situation

[email protected] wrote on 10/16/06 06:38:

    > I finished my master degree last Dec and now I am with my OPT (optional
    > practical training) which will expire next Jan. The thing is one
    > company now is willing to sponsor me, but they wonder how can I stay
    > legal to work in the US after my OPT expires since all H1B quotas for
    > 2007 are gone. Another thing is my fiance just got his H1B visa and he
    > is currently working. So I am thinking maybe I can start to work for
    > the company from now till next Jan and then convert to H4 and work as
    > an unpaid volunteer.


You can *not* work on H4, not even without pay. That would only be possible for
a non-profit organization, where everybody else in similar positions volunteers.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
 

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