Applying GC on OPT Extension

[srilekha.ghanta]

Hi,

I was graduated in Masters on May 2010 and start working for an employer since November 2010. I am currently on OPT Extension and will expire on Dec 2012. My employer is willing to apply GC for me. I have two questions here.

1) Can I apply fora Labor while on OPT - Extension and also apply the H1-B under masters once the quota was open in April - 2012?

2) I thought of going to India after the H1-B approved this year. Are there any risks If I go for stamping in India, As i also applying for Labor under OPT?

Any advises will be appreciated.

Thank you
Krishna Ghanta

[raj.adny1]

Applying for labor while on OPT should not be an issue. or also getting your h1b stamped while labor is pending is also not a problem. my labor process was started when i was on OPT and my h1b was stamped when it was pending, i was not asked anything at the chennai consulate - only asked if i had graduated and if the F1 can ben cancelled out

HTH

[srilekha.ghanta]

Thanks for the information Raj

[kishore.salla]

1) Can I apply fora Labor while on OPT - Extension and also apply the H1-B under masters once the quota was open in April - 2012?

Answer:
Yes, you can apply for labor but better apply I-140 only after H1B is approved.
Reason is OPT is technically considered as you being on F1 visa
F1 is single intent - non- immigrant visa whereas H1 is dual intent visa (work & immigrate)

2) I thought of going to India after the H1-B approved this year. Are there any risks If I go for stamping in India, As i also applying for Labor under OPT?
Answer: No