错过H-1B名额申请后的该怎么办

由于今年的65000H-1B名额的过早用完，不少人错过了申请机会。对于错过了这些H-1B名额申请的而仍想留在美国的人士，可考虑以下选择，看是否符合自身情况： If the H-1B cap negatively impacted you, there are still options for you if you wish to remain in the United States: 1. The advanced degree exemption cap (20,000) is still not filled - approximately 14,000 remain. This category is not limited to jobs requiring an advanced degree, rather it is based on the applicant’s educational credentials. To qualify for this exemption: 1. You must have a U.S. masters or higher degree. 2. Optional Practical Training (OPT) is another potential avenue for those that missed their H-1B visa opportunity. You might be able to use this program to lawfully work in the U.S. until October 1, 2007, when the H-1B count begins again. It allows current or recent students to work in their field of study for a period of twelve months. Following the twelve-month period is a 60 days grace period during which you are not allowed to work, but can remain in the U.S. To qualify for OPT you must: 1. have been in full time student status for at least one full academic year preceding the submission of your OPT application 2. be maintaining valid F-1 status at the time of the application, and 3. intend to work in a position directly related to your major field of study. 3. If you find work with an H-1B cap-exempt employer, then the cap does not affect your application. The following types of work are cap-exempt: 1. work for an institution of higher education or a related or affiliated nonprofit entity; 2. work for a government research organization or a nonprofit research organization; and 3. work as a physician relevant to a J waiver on the basis of agreeing to serve as a primary care physician in a Health Professional Shortage Area (Conrad State 30 Program). 4. Pursue a new degree under another F-1 visa. To qualify you: 1. Must have a foreign residence and must intend to return there upon completion of studies; 2. Can only study at the academic institution through which the visa was granted; 3. Must have sufficient financial support; 4. Must have strong ties to home country (e.g. job offer letter upon completion of studies, assets, bank accounts, and family). 5. Wait for next year. As you weigh the various alternatives, please be careful to not accrue unauthorized presence in the U.S. and beware of unauthorized work. In the current immigration climate, it is advisable to strictly adhere to the U.S. immigration laws and not risk deportation or a prohibition from being able to return. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]