fromtheotherside

All of the visas from April 12, 2005-July 20, 2005 would then be accepted. The date listed on the visa bulletin means anyone with a PD on or before the date listed is eligible to apply.

All I find on this website is wrong info, and then more wrong info!!!

One person was partially correct.

YES!!! People do it all the time. With an approved or pending PERM, filed at least 365 days before the 6 year maximum H-1B date, you can extend H-1B status in 1 year increments.

After the PERM is approved, an I-140 is applied for. With an approved I-140, you can extend your H-1B status in 3 year increments, over and over, until your PD (date PERM was filed) becomes current, at which time you would apply for your green card, by completing and filing Form I-485, Adjustment of Status.

Granted, if you, your employer, and/or your attorney took no action by the 5th year of H-1B status, then yes, you are out of options and cannot extend your H-1B status beyond 6 years.

Good luck!

Only if your case is reached the EAD and you have got your EAD.

Not true!

only if you've got an approved petition for an employment-based green card pending

Correct

He will have to obtain his H1B visa from his home country, so he will have to go home at some point.

Sorry, you're wrong. You shouldn't offer advice when you don't know what you're talking about.

#1 if an H-1B visa is approved before an F-1/OPT expires, the OPT automatically extends until the employer begins working on H-1B, which is usually October 1 (USCIS fiscal year) This is assuming an attorney, or other competent individual filed the H-1B petition with a request to extend the F-1 status temporarily until the H-1B becomes valid. This is normal procedure at any competent immigration law firm.

#2 There is no rule that says someone must obtain an H-1B visa from their home country. You can go to ANY U.S. consulate abroad to obtain your visa with an approved petition. It is recommended that you return home, because it is faster and easier, but not required.

ALOT of people are DEAD wrong on here!!!

There is a definite possibility your friend will not have to leave at all, ever.

It is very possible that if the H-1B petition is approved by July 31, 2011 (the date you said his F-1/OPT expires), your friend's OPT will automatically be extended until October 1, when he will then automatically change status to H-1B. If the H-1B petition is legit, but just taking awhile to process, I would suggest requesting that the petition be filed Premium Processing, which costs $1225, but gives a decision within 15 days. Its really close to the timeline now, but this is a very viable option.

I've seen hundreds, literally, of F-1/OPT workers get their status extended until they can begin working on their H-1B. This is possible, and I suggest our friend speak to his F-1 employer, and the attorney (that they hopefully used) to get some concrete answers ASAP.

Areas of concern: why was the H-1B denied? was it actually denied or did the H-1B limit just run out for the fiscal year? remember only 65000 H-1B are issued each fiscal year by the government.

Good luck!

Let me start by stating that I am not an attorney, just someone familiar with the process, and willing to help. You can't file an I-140 while in school on an F-1. If you can, in 10 yrs. I've never come across that situation. What you can do is:

1. Come to the U.S. for school on an F-1 visa

2. Find a position with an employer that is relevant to the field/degree you are pursuing at a university

3. get permission to work on your F-1 through your school by obtaining OPT status & then begin working, even if only part-time

4. In January before graduation discuss a permanent position with this employer and requests that the employer apply for an H-1B visa for you, on April 1 of that year (when the new H-1's become available, if they were already used up for the fiscal year)

5. If your employer is willing, you should then go through the H-1B application process with the employer, usually with the help of their attorney.

6. You can begin working full-time as an F-1, and on October 1 (if no H-1B visa is available sooner) you will automatically change status to H-1B, assuming the petition is approved.

7. Once in H-1B status, the next step is to file a PERM Labor Certification application with the DOL. Some employers require you work for them for a few months, some even a year, before they will pay for this. This is normal and OK, and will not mess up your route to a green card.

8. Upon filing and eventual approval of the PERM (this whole process from start to finish can take more than a year), you will be eligible to file Form I-140.

9. Once your PERM & I-140 are approved, you can extend your H-1B visa over and over, beyond the 6 year maximum for non immigrants (someone who didn't do the above)

10. Assuming you will be EB3 or even EB2, you will then need to wait a very long time for your priority date (PD, which is the date your PERM is filed) to become "current" and then file Form I-485, Adjustment of status. An approved I-485 means GREEN CARD!

Please note this is a slow process. All EB3 applications are back-logged and Chinese & Indian EB2 applications as well, some as many as 9 years. Just be patient, and cooperative and everything will be fine