錯過H-1B名額申請後的該怎麽辦

由於今年的65000H-1B名額的過早用完，不少人錯過了申請機會。對於錯過了這些H-1B名額申請的而仍想留在美國的人士，可考慮以下選擇，看是否符合自身情況： 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. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 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]