Very tricky situation - what can I do if H1B quotas for 2007 are all gone?

Question

Here is my 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 fiancé 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?

Thank you so much for your kind help!!

Answer 1

You don't need to convert to H4

Within 60 days of your OPT ending you have to file for change of status. So if H1 application is in by then, even if its awaiting approval you are okay. I checked this for my wife with murthy.com. You may want to confirm with your lawyer.

However you cannot work after OPT end till H1 is approved and there are strict guidelines on whats considered voluntary work

Answer 2

Oh wow. There was an article on this very thing about a week ago. Try putting 'H1B' in the browser. It was about the visas being all gone before students got thier degrees in June and how some of them were doing this and that (there is some sort of 'training' visa I think) but I forget exactly what, sorry!

Answer 3

If the H1B quotas for 2007 are gone then you're not going to get one.

You'll have to be absconder.

Answer 4

You need to visit with an immigration attorney or perhaps your HR office has one on retainer, either way, there are too many if or buts here.

Answer 5

Oh I hope it drops!