Process of F1 to H1B Visa change of Status. OPT Rules, Planning – Tips
One of the most important things for an international student on F1 visa studying in America is to find an employer and get H1B visa sponsored. As you know, F1 students are impacted by the New H1B rules and Recession, changing from F1 to H1B visa can be tricky and it is a good idea to plan everything ahead of time like OPT after graduation and H1B 
sponsorship. I will try to explain the typical process involved for converting from F1 to H1B and key things to keep in mind during the change of status.
F1 Visa – OPT Planning :
Some of you might have worked on CPT (Working OPT Vs CPT ) and may be planning on applying OPT to work after graduation, but some of you may not have had CPT at all. Either case, you should apply for OPT to be eligible to work after graduation until you find a potential H1B Sponsor and get the H1B visa petition filed. You file using form I-765 and work with your International Student Advisor or DSO(Designated School official ), who will give you a new I20 and update SEVIS about your OPT. You will file the OPT for employment authorization by paying necessary fee. You can apply for OPT up to 90 days prior to completion of your program i.e, the graduation date. Suppose you forget to apply on time, you have 60 days grace period to apply after program date. This is very risky and not recommended as it gets much complicated. So, do NOT delay and apply for OPT before you graduate. Anyways, once you file OPT, you will get an EAD or OPT Card. Check : Sample OPT or EAD Card
OPT Rules to keep in Mind :
Once your OPT starts after graduation, ideally you should have a job and be technically working. If you are unemployed, you have to find a job as soon as you can in the area of your degree. The rule is, you can only accumulate only up to 90 days of Unemployment during entire 12 month OPT Period. What it means is, say for instance you worked for an employer for 3 months on OPT and you thought of changing jobs, then you start looking and change employer, it took you 30 days to find another job( you did not work during this 30 days), now you have used 30 days of your 90 Days unemployment period given by USCIS. Precisely, you can only be unemployed for a total of 90 days during your 12 month OPT. If you belong to STEM degree and get 17 month OPT extension, then you get an additional 30 days of unemployment period, which totals to 120 days of unemployment period allowed in total 29 months of OPT.
Process for F1 visa to H1B visa Change of Status:
Typically after you graduate with MS or MBA, you start looking for a potential H1B visa sponsoring company that can hire you full time and file your H1B visa petition. In fact, OPT is given to international students to demonstrate to these potential sponsors that you have the skills. Most of the employers want to see how you work and your skills for few months before they take decision to hire you full time and sponsor you work visa. It is assumed that you have OPT/ EAD Card in hand and working for an employer. You may also check How to find H1B visa Sponsors in an Area for Job Search in USA ?
Steps involved in F1 to H1B visa Change of Status & Important Points :
- You take interview from a H1B sponsoring company and they give you a job offer letter. You may have interviewed with the company before graduation and might have started working for a company on OPT right after graduation. The point is, you need a job offer from a H1B sponsoring company.
- Once you have the offer, you submit all the required documents to the H1B sponsoring company to file for H1B visa petition. For document list info, check article: Documents needed for applying for H1B visa. How much does it really cost ? What should you NOT give ?
- F1 visa students with MS or MBA from US are eligible for H1B Advanced degree quota of 20,000. Typically, the attorney will file your visa petition under this category if you have masters from US. If not, you will be filed under general category.
- Typically, USCIS accepts H1B visa petitions starting April 1st, there used to be lottery, but with recession and new H1B visa rules of 2011 things have changed and there was no lottery this year for FY 2011 cap. Anyways, the point is, some employers do not know the full rules and it is your job to remind them about the deadlines and makes sure they process the H1B visa petition filing on time for your F1 visa change of status to H1B.
- Once you file for H1B visa petition, you will get a H1B visa receipt notice from USCIS. Using the receipt number. You can Check H1B status Online
- Depending on number of petitions filed and the work load of USCIS, they process H1B visa petitions anywhere from 2 to 6 months or early. It depends.
- If you file for Premium processing, you will hear back from USCIS within 15 business days. The 15 day clock is a bit tricky when you file on April 1st, this year USCIS said, they will count the 15 days from April 7th. In general, if you do premium processing for your H1B petition, you should hear back in 15 business days or earlier.
- Once your H1B petition is processed by USICS a decision is made, they update the case status online and send your employer the decision. Hopefully you get the approval notice. Typically, your H1B visa term starts from October and your status is automatically converted to H1B from F1 Visa.
Hopefully you got an idea of F1 to H1B Change of status in US. If you are starting your career, you may read F1 visa to H1B visa: Consulting Career ? Pros and Cons of consulting ? New H1B Rules 2011 impact?
Do you like the article ?
Like and Give Google +1 for this Article :
Related posts:
- New H1B rules impact F1 / OPT status to H1B visa for 2011 ? Options for OPT to H1B conversion
- L1 to H1B visa conversion Advantages ? L1 to H1B transfer, change of status implications in US
- Change of Status (COS) – F1, H1B, L1, H4, L2, F2 – FAQs – All you need to Know !
- Tips for Used/New Car maintenance- Goo gone ? Oil Change ? Music player
- Change of Status or first time H1B visa stamping Canada or Mexico? H4 to H1B, F1 to H1B etc ? Go to Home Country for visa Stamping?
{ 394 comments… read them below or add one }
« 1 2 3
Hi,
This is very good information. I have a tricky situation and could not find a definitive answer.
I am on OPT STEM extension and it expires July 1st 2012. I am with IT consultant and my H1 is under premium processing. As expected I got RFE and due to that I see lot of delays. I have emailed DSO my H1 reciept so Cap Gap should be ok.
I have 45 days of unemployment in the total 29 months of OPT.
Question is if my H1 is rejected after July 1st then what options do I have?
How many days grace period I get?
Can I take admission in university again after 1st July/after h1 rejection?
Thanks
My friend completed his masters in US and is doing Phd now( 2nd semester). But now he want to apply for H1B Visa. My question is what happens if H1B visa got rejected. Can he still be on F1 status of will he loose both the status(H1 and F1) and will hae to reutrn back to India.
Hi,
I am applying for h1b this may2012, with IT consultant . My stem opt is expiring in January 2012. It World be great ir hoy can help me with these 2 questions
1)
During my stem opt, I had worked as volunteer for my University for few monsth, and hence do not have documents showing tat I was in a paid employment for more than 120 days during my opt extension .
My question is that do USCIS expect those documentsfor H1b petition. Also. I cannot show my opt employment because of ‘not exactly related field though both in engineering.
2) if h1b is approved as cos, can i visit india and come back before Oct 1st….I. have seen in the discussions here about some i94 issue!
Thanx for the help…
Sammy,
Do you mean OPT extension is expiring in Jan 2013 (and not 2012)?
1. Yes, USCIS can ask for proof to show that you were not unemployed for more than 120 days. I have seen few recent cases where the same was asked and petition was denied b/c the person stayed unemployed for a longer time. Consult your H-1 attorney and let them know about this.
2. If H-1 gets approved w/ COS, you can go to home country and return on F-1/OPT prior to Oct 1 (assuming F-1/OPT is still valid and you are employed). You can then be on H-1 from Oct 1 based on your earlier H-1 COS approval. You can confirm this w/ your attorney as well.
Hi,
i was on opt and i applied my h1b during my 60 grace period. i got cap gap but i cant work, i can stay here. i got my h1b approved. now i am planning to go to india as my starting date is 0ct 1st. is there any problem if i go to india ? and when can i take visa stamping date ? please guide me for the same.
Thanks
Zak,
You will have to get H-1 visa stamped. The earliest date to get H-1 visa stamped is July 1 (90 days prior to H-1 start date). Once stamped, you can return to US using the visa stamp and approved petition.
Thanks Saurabh
is there any problem for visa stamping if i go to India ? i got my h1 with my new employer and i didnt even work with him. how many days prior i can enter in USA ???
Zak,
Earliest you can enter on H-1 is Sep 21st. Stamping is always prone to issues. Depending upon your profile, employer and offered position you may or may not run into issues. It is ok to not have worked for them when going for stamping.
Thanks Saurebh
Appreciated your help…!!!
Hello Saurabh
This forum is very informative..
I am considering changing employer on OPT with H1b approved with the current employer. My opt expires on May 22 12 and have to start with the new employer on 21 May 2012. The new employer will file H1b before my current OPT expires. If I leave the current employment, the current H1b will be withdrawn. Please advice any risks involved in this case.
Thanks
AK,
See my response to your other post.
Hi ,
First of all thanks a lot for the advise you are giving. It is very helpful.
I am in a little precarious situation.I came here on a F1 visa. I did my masters. I got OPT. I worked on OPT. Then I got stem OPT. During my Stem OPT my employer tried to file for H1B and he delayed it due to unknown reasons. So I had to apply for F1 Visa again. Now I am on F1 Visa. I want to apply for H1B again. Can you let me know what are my options. Should I wait till I get CPT from my college or can I just apply now while on F1. I dont want to wait one whole year before I can apply for it. Please advise. Thanks.
Vijay chandra,
H-1 can be applied even while you are on just F-1 w/ no CPT. You can start working from COS approval date once it gets approved w/ COS.
Thanks a lot Saurabh. So do you provide any legal services. Do you own a law firm. If so would you process my H1. I see that you are well versed with the law. I want some one good so I wont face any problems. If you dont own a law firm can you suggest me some one. I live in Houston, TX. Thanks .
Vijay chandra,
I am just a regular person on H-1 like you. I do not provide any legal services.
So Saurabh,
My consultancy is telling me that there is a lot of risk involved in applying for H1. I completed one semester in my degree. Can I still apply for H1 now or do I need to wait certain semesters before I apply for H1. All I need is a job correct and an employer willing to sponsor. Can you let me know if I can go ahead and apply for H1B even though I complted only one semester. By the way I have three A’s in my degree. Not sure if it will make any difference. Please help. Thanks
Vijay chandra,
The concern is not w/ H-1 but w/ COS. You are on F-1 status and will have your status changed to H-1. The employer seems to have reasonable doubts that COS may be questioned as you are not completing the degree. There is a general 30-60-90 guideline which states if COS is filed within 30 days of getting F-1 status, then chances of rejection are highest. They subside as the person spends more time on F-1 status, and are minimal after spending 90 days on F-1 status. You seem to have spent more than 90 days on most recent F-1, and so it should be fine.
Does your consultancy have an attorney? If yes, then you can talk to them as well.
Hi,
Thank you for such great tips in this website. Could you guys please give me advice as to how to find an employer to do CPT or OPT (besides the myvisajobs website)? Also, do you guys have any tips as to how to present oneself to the employers when looking for CPT/OPT? A couple of employers have contacted me but when I say that it is for an internship they lose interest in continuing with the selection process. Thank you very much in advance!
Hi there,
My company has filed for h1b in premium processing on Apr 1,2012. I saw status approved on 23rd Apr. But now they changed that status to Acceptance. What does this status mean, never heard of it?
Gaurav,
It can happen if:
- it’s a technical error
- USCIS determined something after approving the petition, and then put the petition back in Acceptance to review it again
Ask your employer/attorney to call/email USCIS and follow-up.
Thank you Saurabh.
Hi
My OPT will end on July 15th, 2012. My attorney said he will send out my package to USCIS next week (I doubt about it tho). What I’m worried is that I’m not able to get approved in 2 months (before my OPT expires). Am I still eligible to work and stay in the US if that’s the case?
Thx
Jim
Jim,
Yes, you are eligible to stay and work on the basis of cap-gap. This is issued when the H-1 is filed before OPT expiration date and filed w/ COS w/ start date of Oct 1. Once your H-1 petition is filed, let your DSO know about it and inform him to make a note for cap-gap in your SEVIS record. You will be on this status until Oct 1 or H-1 denial date (whichever is earlier).
Thanks Saurabh,
BTW, what is COS and DSO?
Jim
Ignore my last post.
DSO (Designated School official )
COS (Change of Status)
Thanks
Jim
Hi guys,
I am currently on F1 visa. My OPT starts on 11 June this year.
If I get a job offer before that, can my employer file H1B petition with COS (OPT -> H1B) before 11 June, i.e. even before I start working on OPT? If not, what is the alternative?
Thanks,
Malathi
Malathi,
You are not required to be on OPT for H-1 filing. The employer can file it prior to OPT start date as well. Also, the COS is from F-1 to H-1 and not OPT to H-1. OPT is not a status but the F-1 is.
Thanks
Hello RedBus2US/Saurabh,
I am currently working under my OPT until June2012. My company has filed H1B petition on April 1, 2012 for the Cap-Gap Ext. I have to wait until Oct 2012 to see the result.
I want to know in case I move to a different company now or after Oct 2012. How does the process work out?
Thanks,
Nhat
Nhat,
Once the petition is approved, another employer can file cap-exempt petition for you. You can work for them after petitions gets approved. If the petition is not approved yet, then they will have to file cap-subject petition.
Hi guys,
can i travel to India in change of status time?
here is my case,
My OPT expires in DEC,2012.But I have applied for H1 on april 1 st and it was approved.so my H1B status starts from OCT2012.
Can i travel to to o India during this time.i mean from today to october ?am i in OPT or In change of status ?
please help
I believe if you have the approval, you can go home any time (from now to Oct) to interview for the H1B Visa.
Dammu,
You can travel outside of US now. If you return prior to Oct 1, you can return on F-1/OPT and still be on H-1 from Oct 1 based on your approved COS. If you return after Oct 1, then you will have to return on stamped H-1 visa.
I’m a mess of situation for soemthing which was out of my scope and was not my mistake. Its is related to OPT -> H1B transition and I think everyone should be made aware of this situation coz if something goes wrong when you are on OPT you are out of all options. I’m out of status and struggling right now. Where can I post my situation. ?
Raptor,
You can post the situation here.
I’m on F1 until Jul 2012. Right now on post completion OPT (01-May 2011 to 01-May 2012, technically can be extended for 17 more months).
Old Employer — Last date: 17th June .. was on OPT
New job with new employer from 20th June 2011.
Previous employer filed H1 and it was approved(to be implemented from October 2011) after I left them (17th June 2011).
I opted to stay on F1 since I was on OPT, previous employer requested a revoke/withdrawal sent me email confirmation that it was withdrawn.
When I got the approval email, my University said “ur SEVIS says you are on H1 please send us updated documents, and also we cannot give u i20″
Contacted my previous employer, Attorney & University (this was happening since Aug 2011)
This is what they say:
attorney: your previous employer shd help you.
University: We need something (other than email) from ur previous employer that says ur case was withdrawn.
Prev Employer: Sorry but we don’t have anything but the email.
On my request prev employer called USCIS california service center (was on my H1 approval document) they said .. we cant do anything the case is closed.
University suggested to take a infopass appointment, went there too, they did not even lsiten to my situation, instead they said what all you have is with your employer so its an employer thing we have noting to talk to you.
this is wat my univ said “You will need USCIS to change your H-1B application status from approved to withdrawn. When they update this information in their system it will automatically update in the SEVIS system. I will then be able to issue you a new I-20.”
So after i pestered my previous employer a lot (US company) they contacted USCIS and and were able to get me a letter from them (hard copy) that says my H1B was revoked and the date on that letter is 18th Jan 2012, which is after 10/01/2011(my H1B approval date) and after me submitting this letter to my university , just two days ago they got back to me saying
XXXXXX,
I just received an email from SEVIS yesterday evening. They are not reactivating your F1 immigration record. Their reasoning is: “Based on the documentation that has been provided, there is no evidence that the employer sent a letter of withdrawal to USCIS prior to the H-1B effective date of 10/1/2011.”
You’re options at this point are:
· Leave the United States within 15 days
· Apply for a new program of study and then apply for reinstatement
At this point I do not advise changing your immigration status while in the United States since you are currently not in valid F1 status.
Let me know if you have more questions.
Sincerely,
WHAT DO I DO NOW
My current employer is saying that Univ people don’t know everything .. we will apply your h1B in premium and that defect should be rectified, as long as you have a revokal letter you should be good.
Please suggest …!
Some friends told me that if I do not leave US in 15 days I will be banned for 10 yrs from re-entering the country, is it so.
Also, my new employer filed a H1B just yesterday in premium.
Along with H1B we stated facts as to what happened in my case with two attachments:
A copy of letter that my previous letter sent to USCIS with a date of Aug 9th 2011.
A letter from my university verifying my attendance and attempts that were done to fix the data.
My employer is saying that your H1B might be approved but your change of status will be denied.
I’m planning to apply for a F1 reinstatement of my H1B is not approved.
My questions are
Is it right ? What I’m doing (waiting for H1B result)?
What about all the days that I worked on OPT from 1st October 2011 till today ??
Should i ask my employer to undo the payroll from 1st October 2011 ?
Raptor,
That’s a pretty complicated case. One thing you can do is to talk to an independent attorney who has no affiliation to either your employer or university. They would probably give you an unbiased opinion.
If the H-1 was not withdrawn in the system, then you have been on H-1 from Oct 1 and should have been maintaining status since that date. So this means getting paid for all this time. As you are close to 6 months on H-1 w/o pay, you are getting close to getting barred for 3 years. H-1 transfer may be approved but not the I-94, which means you will have to go for H-1 visa stamping where all this will play out again.
What about my previous employer willing give any form of letter that says they DID send the revoke request in the month of August 2011. I also have a copy of the letter.
Raptor,
What USCIS will say is that it doesn’t matter whether the employer sent the notice or not. What matters is whether it was received and processed by USCIS or not. So it may not help that much.
Hi,
I have my EAD which is valid until Oct 6th, 2012. I am working for a company right now and they have filed my H-1B on Apr 9th, 2012(normal filing). I have an offer from another company at this point and hence would like to change my job. So:
1.Can I leave my job right now and start working for the new company under F-1 OPT, since my EAD is valid until Oct?
2.Can my new company file for a H-1B right away (they do premium filing)
3.Does the H-1B filed by the previous company stand void now, else do I need to wait until I get it approved, then do a H-1B tranfer to the new company, which will take a lot of time?
4.Are there any other complications involved in this move?
Please advice. Thanks in advance.
Venkat
Venkat,
1. Yes. Let your DSO know about this
2. Yes, they can
3. It will continue to be processed. However, as you have left the employer they may no longer have any interest in pursuing that petition
4. Do you know how old employer will react to your resignation as they would just spent considerable amount on your H-1 filing
Saurab,
Thanks a lot for your reply! Yes, it would be a difficult decision to leave this company but I have no other choice:)
Venkat
Bro
I was in a similar situation like you . Please be very cautious , there are HELL OF LOT of complications in your case if something goes wrong. My self suffering from 1 year by my action of moving to another company since I had valid OPT.
Email me for details I will give you a link to a post where I explained my case’s history.
Hello
I am considering changing employer on OPT with H1b approved with the current employer. My opt expires on May 22 12 and have to start with the new employer on 21 May 2012. The new employer will file H1b before my current OPT expires. If I leave the current employment, the current H1b will be withdrawn. Please advice any risks involved in this case.
Thanks
Ashok,
Make sure that the new employer files the H-1 petition prior to OPT expiration date. This will allow you to be in cap-gap and continue working for new employer while H-1 is under process. The other thing to watch out for is denial of the new petition.
Hello Saurabh
The new petition will denied based on the fact that the current petition is approved. If I withdraw the current petition between the time I applied the new petition and the approval ….would that be a problem? Please advice
Thanks
Ashok
Hello Saurabh
I also have a question about the STEM extension. I have applied for the 17 month extension in March 2012 and still the status says initial review. If the current employer withdraws my H1b petition can I go back to STEM extension which I beleive will not be approved when the H1B is approved. Please let me know
Thanks for your help
AK
AK,
Why will the new petition be denied b/c of current one’s approval? Once the old petition is approved, the new petition can be filed as cap-exempt. However, if you want to remove any references to old petition then have it filed as cap-subject petition. As the quota is still wide open, you can go this route as well.
Yes, you can continue working on STEM extension once it gets approved. I am not sure if it will get approved or not, you will have to check w/ DSO or attorney.
Saurabh
Thanks for your response. This site is informative. I just got the STEM OPT extension approved and the H1B approved as well. I am planning to change the employer with the STEM OPT extension and the H1B be will filed by the new employer while the approved petition with the previous employer will be withdrawn. Please let me know I can continue working on the STEM OPT although the H1 is approved with different employer.
Thanks
AK
AK,
You can continue to work on STEM OPT extension until Oct 1. That is when your H-1 will kick-in as part of the COS approval.
Hi Saurabh,
I’m on H4 and is in US now. I got an employer who would be filing H4 to H1 with COS by end of April. I would need to go to India for an urgent family matter on August and would be coming back in first week of Sept. I’m bit unclear on the rules . Could you please let me know
1) If my COS is not approved before i travel and i come back on H4 and then it gets approved, Do my company need to file COS again by amending the first application ? Do i need to go back to India for stamping to start the work?
2) What happens if COS is getting approved when i’m at India ? Do i need to wait to get my petition and stamp it to come to US ? Or i can enter on H4 and start working from the COS start date?
3) I believe there wont be any issues if i travel with COS approved and come before Oct 2012. Could you please confirm ?
Many thanks in advance
Sajitha
Sajitha,
1. If COS gets approved before you leave US, then you can still return to US in Sep and automatically be on H-1 from Oct 1.
2. If you leave US while H-1 COS is pending, then COS will be abandoned. You will return on H-4 visa and continue to remain on H-4 visa. So you will either have to file COS after returning to US, or enter US on stamped H-1 visa.
3. Refer (1)
Hi,
I’m currently pursuing MS in software engineering and i’m on F1. I recently got a full time offer and the company filed my H1B on Apr 1st 2012. I’m planning to graduate in July 2012. As per my knowledge the H1B start date will be from Oct 1st 2012. As i’m planning to graduate in July, I would like to file my OPT in May i.e with in the 90 days period, so that i can get the OPT and join the company who has filed my H1 on OPT after july and continue till Oct 1st and after Oct 1st i will be on H1B.
1st question : Can i apply the OPT when my H1b application is pending or approved.
2nd Question: Will there be any kind of query raised if i apply OPT when my H1b is approved or pending.
3rd Question: What will be my status when my H1B is approved till oct1st as the H1b start date is Oct1st.
Thanks
Gyana
Venu,
1. Yes
2. No, but it may not be issued for a period beyond Oct 1.
3. You will remain on F-1/OPT status until then, and you will have to maintain the same. In case you don’t apply OPT, then also you will be eligible for cap-gap which allows you to continue to stay until Oct 1, when your H-1 status will go into effect.
Thanks Saurabh. But i didn’t understand your 3rd response. Will i be able to use cap gap extension. I think cap gap extension is applicable if a person is in OPT and applies for H1. Can you make this point clear. If my H1 is approved by the time i complete my graduation. Will i be able to use Cap gap extension and start working after my Graduation.
Venu,
Cap-gap can be applied even when one is in F-1 status. It basically extends your current F-1/OPT status. So in case OPT is not applied, your status would be just F-1 and it will give you cap-gap allowing you to stay but not work until Oct 1. To use cap-gap for work, you need to have work authorization i.e. OPT. Just the F-1 and approved H-1 doesn’t give you work authorization during cap-gap.
Hi,
I have a follow up question based on your update. I am currently pursuing Masters and my program end date is not until May 2013. An employer applied for a H1b for me and received the petition on April 20th 2012, the COS is approved too. I would like to discontinue Masters, wait till Sep 30 idle and start working from Oct 1st. Am I eligible for cap gap?
Thanks,
Deeksha
Deeksha,
As you are on F-1 visa until Sep 30th, you need to maintain that status. If the school allows you to take Summer off, then you can take it. Else I would suggest maintaining your F-1 status by staying enrolled.
Thanks Saurabh. I will maintain my F1 status till Sep 30th.
I think the reason is because my status is not ending; I mean only in the cases like end date of OPT reaching before Oct 1st, the cap-gap occurs, am I right?
Deeksha,
That is a correct understanding. Cap-gap goes into action only if the status is ending prior to Oct 1.
Hi Saurabh
Im having confusion regarding my change of status. My OPT is Valid until March 25 2013. My employer is going to file my H1-B visa this april but my main problem is that I need to go to india in august for 20 days and come back.
1) Does my status change from OPT to H1 as soon as my H1 gets approved or will it change on OCT 1st.
I am really confused. I just wanted to make sure that I don’t have any problems coming back.Please suggest.
Thanks,
Suchitra
Suchitra,
From Oct 1 or actual approval date, whichever is later.
Just so you know, COS does not occur automatically if you went out of usa and come back after getting H1b approval.
eg: you opt is valid until 3/25/2013 and you apply and get your H1B approval without COS (change of status) and then you go and comeback from india before 10/1/2012 (you are still in your F1) and comeback. your company would need to submit an amendment to get your COS to H1B from oct 1. Then, (this line is a doubtful so clarify with your attorney) I believe you would need to go to india again to get stamping and start working on your H1B.
case2: you opt is valid until 3/25/2013 and you apply and get your H1B approval with COS (this is the standard process that all companies do) and then you go to india some time in Aug 2012 and comeback before Oct 1, your COS will not automatically happen to your H1b on the start date you wanted. Reason being you now have a new I90 from your re-entry. So you cant work and your H1 is lucid. (again, verify with your attorney if you have questions).
I am in the same boat and am looking to get my H1b right now because i dont think slots will remain open till End of July.
Rajesh,
Here is an article published by a prominent lawyer that explains your case #2. As per the article it is possible to be on H-1 from Oct 1 in case one travels outside of US after getting H-1 approved.
As a full disclosure, I have a friend who filed H-4 to H-1 COS in April 2010, got it approved in July, then left US for few weeks and returned on H-4 in Sep. She automatically moved to H-1 on Oct 1. She applied SSN and that also got approved (which would not have been approved if her status would still have been H-4).
Hi Sourabh,
I have my F1 VISA interview scheduled coming Wednesday, and have got hopes of getting it as I have prepared well for it. However I have a serious problem in attending my masters college in the month of May 2012 since I have a notice period of 2 months in my current organization. I have been working here from quite sometime in my current organization and hence would like to leave the company gracefully by serving the notice period. If I get my VISA coming week, and I decide to put my papers by next week, I will still be short of one month notice period.
I would try and get the approval from my HR and Manager to release me within 14th May (college start date), but in case if they don;t agree then, I have to postpone my admission to next intake (Sep 2012).
In that case, the school authorities have said that, they will provide new i20 for Sep 2012 intake. Even then I have couple of questions in mind, hope I get some clarity on them here:
1. Since I will be getting my F1 next week, will I use the same to travel for Sep 2012 intake? or I have to get new stamping done in case my i20 changes? Again I have to go thru entire VISA process?
2. Will there be a challenge at port of entry, if I pospone my admission for Sep 2012?
3. Will my SEVIS number changes in case of new i20 issued by the school?
Raj,
I don’t know the answers to your questions.
Hey everyone
I have a question regarding companies filing h1- b visas. Is there a link I can enter compnay’s name and it tells me how many h1-b’s were approved or rejected.
Any help is appreciated.
Regards
Rohit
Rohit Kochar,
FlcDataCenter site has some of the information you are looking for.
hey Saurabh
what do you think about this link?
http://www.myvisajobs.com/Visa-Sponsor/Tts-Solutions/562551_Occupation.htm
is information given here any good? FlcDataCenter has some excel..do we need to find the company name in the excel?
Rohit,
I think they are querying from the same data as FlcDataCenter. You can either search it here or search company name in excel. I thought Flc had a web search also based on company name.
I am currently on CPT (which ends this friday 03/30/2012) . I am on F-1 visa. i have used all my CPT’s so I am not eligible for OPT . I have not graduated yet but i only have 4 classes left before graduation. I will be getting my bachelor’s degree in June 2012. My current CPT employer wants to keep me part time and even give me a full time position. What is the best way to do that?
Thanks
Rahman,
If you are not eligible for pre/post-completion OPT, then the only option left is H-1. Your employer can file it for you and you can start working on H-1 from Oct 1 (assuming it is approved w/ COS).
Rahman,
Was the CPT you used up( 12 months) full time or part time ? If it was part time CPT, then you should be fine and eligible for OPT. Check with your DSO for options.
« 1 2 3