Gopi has asked the below question about OPT and H1B visa for 2011.
I have completed my master’s and OPT in USA. Presently I am on F1 and register for another college. Can you please tell me the best way to get H1 for 2011.
Most of the students who graduated last year ( December 2009) are in Gopi’s situation trying to find best ways to get H1B visa sponsored for 2011 quota. This post will look at the best possibilities for OPT students and will focus on why they are best. This article assumes student has graduated and is on on OPT.
As most of you know there have been changes in the H1B visa rules in 2011. If you do not know, you must read this “ Flash News : Additional requirements for filing H1B Visa petition for 2011. USICS releases additional Employer Employee relations Memorandum. The new guidelines given by USCIS are talk of the town and they do not favor the old ways of job shop consulting with a desi employer.
F1 Students impact of New H1B visa rules of 2011 :
What these new rules mean to F1 Students who graduated and on OPT is : it is a tough situation to find a small and mid size desi employer to sponsor your H1B visa because of the new regulations of Employer – Employee relationship and right to control issues. It is not advised to go to a small or any mid size consulting company that do not have any on-site implementations. Logically speaking, small desi companies are out of the picture for sponsoring your H1B visa for 2011.
What are the options for H1B visa 2011 ?
There are three different options available for F1 students on OPT.
-
Look for an American Based company for Full time job and get H1B sponsorship
-
Look for a full time job in outsourced IT Companies like TCS, Infosys, Cognizant, HP, Accenture, etc. and get H1B sponsorship
-
Do NOT get H1B visa for 2011, work on OPT for a e-Verify company
Let us look at each option and analyze logically.
Look for an American Based Company for Full time Job :
This is probably the best option for getting H1B visa petition approval. Obviously, the reason is you are working for a company as a full time employee rather than doing consulting. With your MS degree in US, the American company can present your skills well and you have good chances of visa approval and you should do very well. This is the best case scenario. The reality is, it is not as simple as I say here to find a full time job from an American company for a variety of reasons like TARP impact on H1B visas. You can read the article “ Companies that cannot Sponsor H1B visa for 2011. TARP impact on H1B sponsors for 2011″ Also, with the recession hit, many companies think sponsoring H1B visa additional work and moreover, there is enough talent that is jobless, so why not hire them rather than going through all the process. Logical point is, it is not as easy as it sounds, but this is the best option if you can get in and get H1B visa sponsored for 2011 quota.
Look for a full time job in outsourced IT Companies like TCS, Infosys, Cognizant, HP, Accenture, etc. and get H1B sponsorship :
This is probably the second best alternative available, if you are planning to get H1B visa approval for 2011. The logical reason is, with recession and other cost saving related issues, many American companies are continuously outsourcing their projects to India. These big outsourcing companies need skilled workers to meet the needs of their clients in US. The model of working of the big consulting companies like Infy, TCS satisfies the New H1B regulations set by USCIS from 2011 Quota. Your H1B visa petition is backed up by good proof of projects by these companies and your Masters in US is an additional credential that will help you for approval. Pay packages may not be attractive and work culture may be different than typical American company, but it is a good choice to be in status and get H1B visa. If you look at the other side of coin, because you may have more work, you get to learn a lot in the beginning of your career. Just a positive to think about 🙂
Do NOT get H1B visa for 2011, work on OPT for a e-Verified company :
This may seem alarming or scary, but this is not as bad as it sounds. Lets think through the choice of OPT, you may already know that you can work on OPT for 29 months, If not check the article on OPT rules of 29 months for STEM Degrees. Imagine, you graduated in December, if you can find an internship or Co-op in a e-Verified, then you can keep working for 29 months. In fact, your advantage is you can see through the recession completely and keep applying for a full time job along the recovery of the economy from recession. Hopefully market picks up and you get to work full time soon. What internship does is, it buys you a lot of time. You may think getting internship is hard, I understand. But, it is easier than finding a full time job and getting H1B visa sponsorship from them. Interns are a better choice for employers in recession or anytime because, logically speaking: firstly, they do not need to take the risk of sponsoring you H1B visa and secondly, the employers get to see your performance for six to nine months and then make a decision. If you do well, you will be offered a position. If not, you have the internship experience and it will help you get into other company. Either case, it is a win-win situation. You may have to work with the school officials and find out companies that are participating in the e-verify program. I totally understand that it tough, but it is the least thing you can do if you cannot get the above two options.
Try all the three options, You lose nothing !
It is a wise decision to put equally decent efforts in all the three options. Because, you never know when luck will knock your door and you need to have backup options too. Every options is worth a shot and it is good for you in some way. If you think you cannot find enough time for all three, use your discretion and pick what you think works best for you…
In future, I plan to write articles on How to look for internship and whats the secret for finding internship.
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Hi saurabh ,
I have a question. Both myself and my wife are applying for H1 visa for the first time. My petition is approved and my wife’s petition is in process. Incase if it gets approved,
1. Should both of us go for H1 interview together. or if i go alone
2. Should i tell ” Other person travelling with you ” as my wife in DS 160 and in interview what i should tell about her visa (H1 OR H4)??
3. Should i finish DS 160 assuming her petition is not approved and file her DS 160 after mine got approved.
What if the VO thinks that we are potential immegrants? If anybody had gone through this situation please suggest me the best way to handle this situation. This is my first time applying for visa and quite nervous too.
Thanks a lot,
Needback
Needback,
1. You will have to go separately (either on same day or different days)
2. Are you sure if she will travel on H-1 or H-4 w/ you? If no, then you can skip that question. Else answer yes and you can then tell them the visa to best of your knowledge.
3. Yes, until her H-1 is approved you should not make assumptions about her H-1 in your DS form.
H-1 is a dual intent visa and so a person is not required to have strong ties w/ home country. One can immigrate on basis of employer based green card.
hi saurabh ,
i completed my master in ee from usa after my opt extension was finished i came back to india.
now i am planning to go back usa so which admission benefit for us visa after master ee MBA or MS Computer engg.
thanks,
mayur
Mayur,
In my view, pursuing another masters to get into America is not the best idea. If your intention is to make money, join a MNC and ask them to send to US after couple of years. Read this article Goal for MS in US – Education or Money
Hi saurabh,
thanks for your suggestion.
If i plan to get do again master than which is better for me MBA OR MS IN CS for getting visa
thanks
mayur
Mayur,
I don’t know about it.
hi saurabh,
I did completed my MS in electrical engg.from US university.
after 12 month opt , my 17 month extension was denied because of 90 unemployment reason so i contact my DSO. my dso tell me if you can take new i-20 and re-enter us with new i-20 and new sevis than you good .
so i go jamaica. but return time in jamaica airpot ,officer told me something wrong in visa so you have to visit US consulate
so next day i take visit us consulate and visa officer told me ” your current visa will expired in 6 months and your course duration is 12 months so you have to take new visa from india and he cancelled my visa and stamped “cancelled without prejudice”
now i am in india and I have two I-20
1)MBA in Sullivian university , KY 2) MS in computer engg. from bridgeport university CT
So my question is which I-20 better for me i can use for us visa???
Thanks,
mukesh
Mukesh,
I would suggest talking to an attorney or your DSO.
hi saurabh,
I did completed my MS from US university.
after 12 month opt , my 17 month extension was denied because of 90 unemployment reason so i contact my DSO. my dso tell me if you can take new i-20 and re-enter us with new i-20 and new sevis than you good .
so i go jamaica. but return time in jamaica airpot ,officer told me something wrong in visa so you have to visit US consulate
so next day i take visit us consulate and visa officer told me you have to take new visa and he cancelled my visa and stamped “cancelled without prejudice”
now i am in india and i take ph.d admission in US university .
what is my chance approve my student visa ?
can you give suggestion what my answer regarding jamaica trip????
Mukesh,
I don’t know what are your chances of approval. You should tell the officer truthfully about the reason for Jamaica trip as they would have those details from US consulate in Jamaica. You can also tell them what the DSO told you, and it will be then up to them whether to issue new F-1 or not.
Hi Saurabh, My OPT expires in Jan 2013 and currently I’m getting trained as a BA online and have completed 3weeks training. My consultancy company says that it will find me a job within a month now and they expect the cap to fill up by end of June. Do you think its true? Because usually it takes till October or November..!! Also, even if I get a job… I need a client letter to file h1! What happens if I get the job and the cap is already filled? The IT job project has no time limit..so what if I get a job and my OPT expires.. Should I tell the company that and quit before Jan so I can go back to India? I hope there is some way out!
Mehek,
This year the quota is expected to get over by June-July as the demand is more than previous 2 years. The client letter is required or not depending upon whether it’s a big employer or a small-medium size consulting company.
If the quota gets over, then you can work on OPT and later apply for OPT extension (if you qualify).
Hi Saurabh, thanks for your reply. I am not eligible for OPT extension because I have my MBA in finance. I think I’m stuck now… !! If I’m unable to find a job within a month and get filed for h1, I’ll have to go back to India next year! Will I ever be able to come back? Or will the immi/visa consulate think I have an intent to stay in the US? and consequently reject my visa?
Thanks a lot Saurabh, really appreciate your prompt reply!
Mehek,
In case you have to return to your home country, you can still go for H-1 next fiscal year (April 2013). You are not barred from doing so unless you have violated immigration rules. You can also enroll in another course and continue studying.
Hope it works out for you!
Okay.. so unless I don’t violate the rules, I’m good. Thanks a lot Saurabh! You are the best!
Hi Saurabh
Thanks a lot for such elaboration article. I love your site and I really appreciate your patience of answering to every comment.
I have done Master’s in Information Science. I have no work experience in India or in USA. Right now I am on OPT, my OPT has started on April 10th 2012. I tried applying for full time jobs since January, but all in vein. I have applied almost for 100 companies till now, but no response from them. Last month alone I had applied to 50 companies.
After I apply I dont get any response from them. I even tried mailing some of the recruiters of the companies I have applied to, asking for status of my application. Some of them replied back that my application is rejected.
Meanwhile I also joined a desi consultancy which had good record of filling H1 and GC (according to myvisajobs.com) and I choose them because I did not had to sign any bond with them. I joined them on April 5th. They said that the only way to get job for international students is to make a fake resume with 5 years of experience and they promised me to train me in J2EE , and told me that the training would start in by second week of April. Second week of April came and they said that they would start training on third week. In third week he took 2 classes for 1 hour each. Thats it, after 3rd week, he kept postponing and never took classes. I was tired of calling him and emailing him to train me and start marketing. On May 5th I felt enough is enough and I left them.
It has been one month since my OPT has began and I have nowhere to go. I try applying to all full time positions possible but half of them dont respond and the rest reject me. Last month I had googled to find out the list of companies who sponsor h1 or at least hire international students. I got a a narrow list and applied to each of them, but as usual no response even after mailing to their recruiter asking for status of my application.
I need help finding a job in US, I am very scared.
Please help.
Thanks a lot.
Mahesh,
I am sure you would have explored these avenues, but still mentioning them in case it helps. The best place to find job is through network of friends, colleagues and family. Next comes applying on job sites like dice, monster. You can also target the ones catered especially for the freshers (like indeed.com). Finally, you can get list of past H-1 filers from FlcDataCenter and then approach them.
Hope that helps! Good luck.
Hello,
My case is the same. I left a consultancy firm without getting a job but used their e-verify number. Now I have a job with an e-verify company and they will sponsor my H1B also.
Do you think there will be issues because I did not work for the consultancy during my OPT so I am not showing the company on my resume. But the name is on the I20.
Please let me know soon.
Reema,
As long as you have proof to show that you didn’t stay unemployed for more than 90 days, you should be fine. Still check w/ DSO and let them know about the change in employment so that they can update the SEVIS records.
Hi Saurabh,
I have a doubt regarding EAD. I have applied it around 3 months back. Can i switch the company and take a full time job.
1. On EAD, Can i work for more than a company?
2. Is it legal for me to apply for another company?
Thanks
Priya
Priya,
1. I think so, but not sure
2. You can change employers when working on EAD. Not sure if that’s what you are asking
Hi Saurabh,
I am currently on my OPT. My sister wants to apply a visitor visa to US for a trip in this summer. Is there any docs she would need to increase the chance on this visa application?
Thank you
Charles
Charles,
Are you inviting her to US to visit you? If yes, then you can submit your F-1/OPT information (degree, visa copy, OPT payslips, employment verification letter). If you are sponsoring her trip, then you need to show the funds as well (bank statements), else she needs to furnish them. Lastly, she needs to show that she is not a potential immigrant by showing enough social and financial ties w/ her home country.
Hey Saurabh, I am currently on OPT applying for my H1.Right now I work for a reputed firm for the last 1.5years.Prior to that I worked as a non paid intern for a vendor and paid contractor for 8 months for which I have offer letters and pay stubs.As I apply for my H1 , would it be wise to declare my employment with these vendors, if i do will USCIS ask for more documents other than offer letters(I am not in good terms with these vendors) also my OPT expires in 2 months.Saurabh please advice. Thanks for your time, will appreciate your guidance.
Ashi,
USCIS can ask proof to show that you have not been unemployed for more than 90 days on OPT. For this, you will have to show payslips and offer letters from old employers to show that you remained employed and are in valid OPT status. It would be prudent to show these employments as it substantiates the fact that you were not unemployed. Make sure you have at least the payslips for those 8 months.
Dear,
my OPT expires on july 14 2012, i would like to travel to india in June as my cap gap will start from july 15 to oct 1 2012 i think. is it OK to travel to india before june 30?
Thanks in advance.
Arjun
Arjun,
One can always travel out of US. However, you cannot return to US w/o getting H-1 visa stamped if you plan to return after July 14. Cap-gap is given only if one is present in US.
Thank you Saurabh,
i am filing h1b this april and i may get it approved by this month end. my cap gap starts from when? i have valid opt till july 14, 2012. now can i travel to india in june and come back to us with out stamping as i have valid opt till july 14, 2012.
thanks in advance
arjun
Arjun,
Your cap-gap would be effective b/w July 14 and Oct 1. You can travel out of US and return prior to July 14 and still be on cap-gap during the above period. However, if you are still out of US after July 14, then you cannot return on F-1/OPT status. You will have to go for H-1 visa stamping and then return on stamped H-1 visa around Sep 20 to start working on H-1 from Oct 1. This all is assuming your H-1 is approved w/ COS by the time you leave US.
hi ,
I applied for my H1B now… an i am on OPT and its gonna end on June 14 2012. Can i apply cap gap and OPT extension at the same time… this is because even though my H1B is rejected i can be on OPT Extension rite.
Let me know can i apply OPT extension and Cap Gap at the same time
Thanks in advance
Suresh,
Did you read my response to your other post? Not sure if these are follow-up questions or already covered as part of your original post.
Hi
I am on OPT EAD and My last employer exempted social security and Medicare tax each month from my salary But on OPT There is no social and medicare tax. How can I get it back these exemption. Please help me.
Harish Kumar,
Talk to your tax consultant on how to get these as part of the tax filing.
I have been working for desi consulting company as well. My employer (GISEDI) is professional has been paying me on time on my OPT and has promised to file H1B in April.
My employer has offered me to work on on a fixed yearly salary. Is it better working on a fixed salary for H1B or is hourly better.
Let me know.
Nisha,
The answer would depend upon if you expect to be working 40 hours a week, or if there is a chance that you will be working over this number. Regular salary is usually based on 40 hours a week, and so if there is a possibility that you will be usually working 40 hours a week, then its better to go fixed salary.
You will also have to check w/ the employer if they pay overtime (i.e. for work done over 40 hours) and if they have any benefits that vary based on whether you are on fixed salary or hourly.
Hi,
I am currently on the initial 12 month OPT . I got my OPT on july 1st. I had 2 jobs in this period 1st from 22nd Feb to 22nd August and the 2nd from 9th Nov to 9th January . I have been unemployed for 95 days aggregate in this period. Now my new employer for whom i started working on 30th Jan is applying for my H1 on April 1st.
DO you think it might get rejected?
How does the USCIS calculate the unemployed days? I might get a letter from my previous employer stating that I was working unpaid for him for the period of unemployment. Do you think that might help?
Thank You,
Aniket.
Aniket,
It is up to the case officer whether to request proof that you were unemployed for less than 90 days during your initial OPT period, or overlook it. If they have doubts, they would issue RFE and then you will have to submit proofs that you were not unemployed for more than 90 days on OPT.
Hi Saurabh,
Thank you for the info. Also the I was wondering why does my company lawyer need my resume as one of the documents to file for H1?
-Aniket.
Aniket,
To show that you have necessary experience that qualifies you for a position. It’s a standard practice.
hi saurabh,
after My opt extension was denied i come back to india and right now i am in india. I have completed MS in usa.I want to apply h1b from india. which time good for start work for h1b and any affect on h1b application because my opt extension was denied (90 unemployment reson)
Thanks
mukesh
Mukesh,
An employer can file H-1 for you in FY-13 (earliest filing date is April 1, 2012). I am not sure if the OPT extension’s denial will impact H-1 processing or not. By law, you should have left US once your number of unemployment days reached 90. How many days did you stay unemployed on OPT?
Hi saurabh,
i am 113 (23 days unemployed in usa +90 days out of country without leave letter)days unemployed on opt.
thanks
Mukesh,
That’s surprising. Only the time spent in US on employment is counted towards the 90 day threshold. Not sure why they rejected the OPT extension for this. Anyways, while filing H-1, your employer can provide clarification that you didn’t stay unemployed in US on OPT for more than 90 days.
Hi everyone,
I am working as an engineer with my OPT. I am planning to apply for OPT extension soon, but I also stayed more than 90 days unemployed (113 days, and I was looking for a job in U.S. for all of these days). Is there anything I can do?
I just read the comment above, I can ask my employer to provide some clarification?
Thank you
Charles
Charles,
In your case you have stayed in US for 113 days unemployed. So it may impact your extension and if denied, you will have to leave US. If USCIS doesn’t ask for all 12 months of payslips, then it may work out for you.
I just graduated(Texas A&M) in December and I am now working in Houston on an OPT. My F-1 is about to expire in May but my OPT is good for 12 months (Jan 2013), do I have to renew my F-1 Visa or does the OPT count as a new Visa.
Thanks
Chris Lindanger,
As long as you are in US, you don’t need to worry about the physical visa stamp in your passport. You can continue to stay and work in US based on your OPT and I-20.
Hi
Thanks for posting this article Its really helpful. Actually , I am working in Dell on OPT EAD (Dell is my client and My employer is american). Can I bring my wife on this status . Please give your suggestion on it.
Harish Kumar,
Your wife can go for F-2 visa stamping and then join you in US. She would need copy of your degree, marksheets, employment verification letter, EAD card, I-20, latest payslips and W2 (if you were working on OPT in 2011 as well).
Recently in the month of November 2011, I won a national contest…I was declared as the only national winner.. The prize was a trip to Las Vegas with my two friends. Everything was going well, we received our itinerary, our flight tickets, insurance and hotel reservations..
Then we were asked to go for Visa interview at Kolkata US consulate.
The VO asked me only two questions..
Q : What do you do?
A : I am a student, studying in 3rd year with Software Engineering as majors
Q : Are you single?
A : Yes.
VO : Sorry i can’t give you visa under sec 214(b) for having no strong social and economic ties to your country.
he returned my passport without looking at anything..
So my questions are..
Whether this refusal will create any problem for me in my future Visa applications for studying or say going for work in US?
Is being married a must if i want to go to US for temporary work?
Many people are saying that you won’t get any chance in future once your visa is denied..I am very terrified..
A person needs to have strong ties w/ home country in order to be granted a non-immigrant visa like B-1. As you are single and student, you were found as potential immigrant.
You need to show ties like letter from school showing granting you leave of absence, ties w/ family etc for successful stamping.
It is not the end of the road. Lot of people get their visas approved when going for subsequent stamping.
Thanks Saurabh brother…
Will apply for my MS in 2013, hope i get the visa then..
Can you give me some important tips to prove my strong ties while going through my interview
You need to show social and financial ties w/ home country. Social ties would include family and relatives who are dependent on you (being a single child helps) and financial ties would include assets in the home country.
Thanks a lot sir!
will keep in mind in future…
Even i am a single child.
Hi, If I apply h1b and get approved in April (premium processing) and go back to India and change the employer, can that h1b be transferred?
Yes, it can be once it has been approved.
I posted a query yesterday at 3:18pm but did not see any response to that. Just because what I am asking is not clear.
What I want to know is what is the next step for me as if my OPT ends and I can not extend using STEM then I will be out of status which is excused by the government as I am married to Green Card Holder. My worry is that I do not want to lose my drivers license. Do you think you can give me your best opinion?
My employer is willing to let me continue job but as they not enrolled in e-verify and they do not have any plans to do so in near future as e-verify is not mandatory in states of Florida.
Any comments will be appreciated.
Thanks.
You can enroll yourself in another school. Once the quota opens, the employer can file H-1 for you.
Hi Saurabh, I heard that to get h1b transferred, we must be at US if its approved in US. My plan is to get h1b approved (premium) and go back to India in May’12. Is it possible to change the employer n get h1b transferred while I am in India?
You can change employers while you are outside of US. The new employer can file cap-exempt petition for you and submit copy of old approved petition and recent payslips for the period you were in US on H-1, and USCIS will review the same.
There is no requirement that you need to be present in US at the time of H-1 transfer.
I was granted OPT in April 2011 which expires in April 2012. My wife is a Green Card holder and ready to apply for her citizenship in March 2012. My wife filed a petition for my Green Card which was approved.
I am currently on full time OPT but my employer is not enrolled in e-verify. What is the best suggestion you can offer. I am a British Citizen came on F-1 Student Visas to USA.
I appreciate your expert opinion, have a great day.
Thanks.
Hi, My Opt expired on June ’12 If I decide to go back to India on May for a trip after applying for H1b (assuming premium h1b approved), then can we work remotely from India until Oct as part of cap-gap?
Also, what documents do we need to take from our employer once h1b is approved so that we can get stamped in Indian embassy?
You can work as long as you want from India irrespective of whether you are covered by cap-gap or not. Immigration laws are applicable only when one is in US, and not when the person is outside US.
The list of documents include (there are also articles on the same on this blog):
– your documents (resume, experience letters, mark sheets, degrees)
– H-1 documents (797, I-129, LCA, letter to USCIS)
– employer documents (wage reports, tax returns, list of employees especially when filing through a small company)
– job documents (client/project details, SOW, itinerary etc when filing through a consulting company)
Hi thanks for all the information and help you are doing to people like me.
My OPT expire in july and if i fill H1 (premium) in April when can i get the approval. More if i get the approval before july can i work on period from July to Oct. Help me as i don`t know much about grace period and work in this grace period.
Thanks
If your H-1 is filed prior to your OPT expiration date along w/ COS request and assuming you have maintained legal status all this while, then you will be eligible for cap-gap. This will allow you to work until Oct 1, 2012 or H-1 denial date whichever is earlier. To know more about cap-gap you can search online.
Thanks for reply Saurabh, please guide me further that if i apply for H1 w/ COS and it gets approve. My status will change from date of approval to H1 but how can i can keep legal status from 4th of july which is my OPT expiration date to 1st of Oct. If i able to get admission and get my CPT, can i able to continue job with this.thanks agiain.
That’s where cap-gap comes into picture.
This is a provision that provides a student to extend the preceding status (in your case OPT) until Oct 1, 2012 or H-1 denial date whichever is earlier. You are legally allowed to stay and work in US during this period. Do not make international travel plans during this period.
Did you search online for cap-gap? USCIS website has a pretty detailed article about it.
Saurabh thanks for timely reply and for all the information we needed.
I am on OPT and i made trip to country and spent 2 month there. My question is this 2 month consider in unemployment period of 3 month or not.
Kashif,
For unemployment period only time spent unemployed inside US is counted.
Hi,
I am currently working on my OPT Stem Extension status. There was a typographical error on my OPT Stem Extension Card from USCIS but documentation provided by me in I20 was correct. The expiration date is printed in error. The expiration date should have been 02/13/2013 instead it is printed as 02/13/2012.
so, my question is can I work on this OPT Stem Extension after 02/13/2012 date while my replacement card with USCIS (for correct expiration date) is still processing?
Thanks for your help!!
I am not sure but I think you can. This was an error on part of USCIS and if you are confident that they would correct it then you can continue to work, as the new card would be valid from start date until 02/13/2013 there by making your work after 02/13/2012 valid. However, check w/ your employer as well if they are willing to allow you to work on the basis of pending replacement card.
hi there. i was wondering if you could help me with a few questions.
I have an OPT that will end this february. But the company i’m working for is sponsoring my H1. They’re currently working w/ their legal team to deal with the sponsorship etc. My question is, do I need to go back home after my OPT ends to obtain the H1 status? Or can I stay here even if my OPT (and the 90 days grace period) is over?
Thank you!
There is a 60 day grace period and not 90 days. If your H-1 is filed when you are in your 60 day grace period, then you can continue to stay in US while your H-1 is pending. This is called cap-gap. You can continue to stay until Oct 1, 2012 or H-1 denial date (whichever is earlier). If your H-1 is filed when you are in your OPT period, then you can continue to stay and work in US.
hello Saurabh,
my 12 month opt was expired 5th july 2011 and my opt extension was denied yesterday 7th dec 2011.
Actually i contact some university to get admission but all university told me ” to leave the U.S. and reenter the country with a new I-20″
my question
I have valid visa up-to july 2012 so if i leave US and reenter the country with a new I-20 at that time i need go to us embassy to get with new visa ?
Can i reenter with new I-20 and old visa stamp (valid up-to july 2012)
thanks in advance
mukesh
Sorry, but I don’t know the answer.
Hi, I am not sure but I think its not possible, because we Pay SEVIS and Visa also contains info about university.. When you renenter with new I-20 and your old Sevis and VISA will have info about diff university.. It will conflict and they might not let u enter..
Hi,
In advance Thanks for you!!! My question is as follows. i am on H1B. Now i am in US.my wife is planning to go for stamping(H4). She is in INDIA. what are the necessary documents she may required?Could you explain me please.
2) 2 days back only i have a baby boy. we want to bring him here. Is he(son) needs visa and passport? If so what is the procedure to apply for passport and for visa? How long it will take to get his passport? I dont know how to proceed in this situation.
I am very great ful if any body explain me the procedures
Thanks
SS
1. All documents that you took for your H-1 interview. In addition, payslips and/or W2, marriage certificate or wedding album/card should also be carried.
2. I assume he was born in India. You can check Indian passport process on the Indian passport website. There are 2 services – regular and tatkal (I don’t know current processing times). Once he has the passport, he can go for H-4 visa interview.
Hi,
I am currently on OPT Stem Extension Status. I made a move from company A to company B while company A filed my H1-B petition for FY 2012 and it is still under processing. Company B did plan to file my H1-B petition but unfortunately USCIS is not longer accepting applications. so, I am continuing working on my OPT Stem Extension status for company B and it is valid until Feb 2013.
My question is if H1-B petition filed by company A is approved, will my OPT Stem Extenstion becomes invalid? If it is valid, can I continue to work on this OPT stem extension(eventhough H1 B petition by company A is approved) for company B and file a new H1 petition from company B for next year?
Thanks in Advance!!
If A’s petition gets approved w/ COS, then your OPT is no longer valid from that date. If you want to continue to work for B, then B needs to file a cap-exempt petition (aka H-1 transfer) on the basis of A’s approved petition. Once that is filed, you can work for B on the basis of receipt notice.
Thanks Saurabh!!
I only have receipt number for H1-B petition filed by company A and it is still under processing. I am sure that company A will not give me H1-B approval notice (or documents) since I am not in good terms with him as I moved to company B. Is there any way company B can do H-1B transfer in this case? And, What would you suggest me to do in this case?
Appreciate your help.
Once A’s petition is approved, B can file for cap-exempt petition just on the basis of receipt number. It is nice to have copy of 797, but just the receipt number is also fine. Just ensure that the petition got approved.
Thank you once again.
Are you sure that B can petition for H1 transfer just on basis of a receipt number? Also, can I work for company B from date A’s petition is approved to the time I get B’s H1 tranfer receipt notice? If yes, what would be my status during this period?
In the I-129 form only the receipt number is required. So it should work w/ just the receipt number. The attorney can submit letter stating that they don’t have the receipt notice, but just the receipt notice number.
Thanks.
Can you also please answer other part of question i.e can I work on my OPT Stem Extension status for company B from date A’s petition is approved to the time I get B’s H1 transfer receipt notice?
Also, If in case A’s petition outcome comes as RFE, then I need not worry about it and can continue to work on my OPT Stem Extension for B. Am I correct?
Can you also please answer other part of question i.e can I work on my OPT Stem Extension status for company B from date A’s petition is approved to the time I get B’s H1 transfer receipt notice?
>>>> No. Once your H-1 is approved w/ COS, your status is H-1 and you can no longer work on OPT either for A or for B
Also, If in case A’s petition outcome comes as RFE, then I need not worry about it and can continue to work on my OPT Stem Extension for B. Am I correct?
>>>> Provided B is e-verified company. One can only work for e-verified company during STEM extension.
Was your H1B petition new or an extension. Mine is a new petition and is still in initial review. Could I have worked after Oct 1 2011?? Because company laid me off since my H1b has not been approved.
Any suggestions??
Thanks
Sourabh, Is there a obligation to work atleast 6 months for the company who files H1 for me.. or I can switch employers any time?
Pankaj,
There is no such obligation (from H-1 perspective). You can change employers even before that. If you have signed any contract w/ the employer, then you need to look into it.
Thanks 🙂
Just wanted to compliment the author of this article.
Very good article., some good advice and resources. I wish all the new F-1s and OPTs read this and follow this article.
I am a US citizen now, gone through this phase of life.. I appreciate that somebody with experience and the wisdom is helping the inexperienced out.
This article is all they need to get their act straight and not fall into errors…
I also have one question. I worked on an OPT for a whole year and my employer actually filed my H1B on August 2011. My opt expired on sept 30. I am currently waiting for USCIS to make a decision. How ever I am not working as my attorney said not to. Could I have been working? What are the options in this kind of situation?
Please help me 🙂
Thanks
Your attorney was right. You are not allowed to work after Sep 30. The best option right now is to upgrade the petition to premium processing or apply for OPT extension if the company is e-verified.
Hi sourabh,
I am new on ur website and I really appreciate all your help your giving to others. 🙂
I am not sure, my question might be somewhere on your site, (please give me the link if its present)
I just started my OPT on July 7th 2011, got a project through a desi consultant, My consultant is constanlty asking for applying for a H1b visa. He said he will sponsor and guide me for it through a attorney.
My question is:
1) If my consultant sponsors my H1b Visa and it got approved then Can I switch job or consultant later after 1-2 years if I had issues?? If yes, then Will I stil have H1b visa or leaving that consultant wil take away my H1b Visa too?
2) what are tax advantages of h1b over OPT? I have only used 4-5 months of OPT.
3) Drawback of getting H1b comparing to OPT.
I know some question might be silly, but if I dont get answers, then they will keep bothering me and I wont be able to make certain decisons.
Thanks In advance
Pankaj
1. Yes. Another employer can file cap-exempt petition for you anytime once you have your 1st approved petition. You don’t lose H-1 status on changing employers.
2/3. When on OPT you are considered a non-resident alien for tax purpose and do not need to pay Social Security and Medicare. You will have to pay them when working on H-1. It comes out to be around 5.2% of paycheck.
Thanks Sourabh for the reply.
My employer is already deducting Social security tax and Disability insurance for California. I said him I am not suppose to pay these taxes but he insisted to pay those saying it will effect my H1b processing in future. I am not sure what to do now.
Can you please give me some document (on my email) or official/govt link of a website where i can show him to mention this.
He has been deducting those taxes from my last 3 months salary.
Thanks a ton for reply.
Pankaj
Here is the official link on DOL site
Foreign Student Liability for Social Security and Medicare Taxes
Read the section on F visas.
Thanks Sourabh.. It was really helpful….
🙂
Hi Saurabh,
I am filing for STEM extension. I am filling out I-765. There they are asking for last entry in US. I have a canada’s visitor’s visa too. I last entered in US in feb 12th, while my I-94 is still old …when I last came from india in 2010. Do I need to have new I-94? because I dont have one.. What should I do..
Pankaj,
Are you saying that you entered from Canada, didn’t submit I-94 when leaving for CA and now have the same I-94 as before, right? In that case you are not required to have a new I-94 – one can travel to CA and return on valid visa w/o needing to submit the I-94 as long as the person returns within 30 days.
HI Saurabh,
Its URGENT…
I am planning to get married in Canada and I am on OPT status in US. Also my OPT expires in July and I applied for My STEM extension. My GF is a canadian citizen. So, My question is Can i marry her on paper in canada and apply for my PR there and come back to US and wait for STEM extension?? Will it create any problem in STEM extension or my further stay in US? if I get my STEM extension then I will work here for next 17 months and twen i get canadian PR i will move there… Can I do that?
PLease REPLY ASAP>>
Pankaj,
Here are my thoughts – you can go to CA and return on same visa w/o submitting your I-94. You can do this as long as you plan to return within 30 days and on the same visa status (F-1 in your case). So you can travel outside of US to CA, get married and then return on F-1 visa. Your OPT extension should not be hampered as you will not be dropping your I-94 and so that record will remain open in their database.
This is what I think would happen, but you should get this confirm w/ an attorney as well.
This was the same question i have in my mind,
I was charged SStaxes and medicare on my OPT employment since 3 months, H1b filing in progress,
SO, can i get these $$ back when i file my taxes next year??!?
Thanks
Sam
BTW I’m a Full Time employee. NOT with a consultancy.
Yes you can.. But for that we need to call IRS on some toll free number. I went to IRS office and they said to call on that number for more information. So, IRS/HR block no body can help us.
Hi,
currently i am OPT which will expire in july 2012.i want go to visit my country. First how secure is to make a trip on OPT.
Second if i apply H1 w/o COS and than make a trip.
Which situation is more better for me.
Hi
I am currently on OPT (valid for 17 months from now) with company A and I have applied for H1B (with a different company) starting December 1. My question is if my H1B is approved, will my OPT status automatically expire? Because i will be traveling to India in december my H1B employer is pondering whether to pay me in december. Therefore, can i delay my H1B start date to jan 1? Company A does not mind me traveling to India and are ready to pay for me in december.
Thanks
Once your H-1 gets approved w/ COS, your status would be H-1 and your employer needs to pay you the necessary H-1 salary. However, he doesn’t need to pay you while you are outside US. To return back to US on H-1, you will have to get H-1 visa stamped from the consulate.
However, if H-1 doesn’t get approved by the time you leave for India, then you can return on OPT. Ensure you get it endorsed for travel from your school. Once back in US, you will have to file COS from F-1/OPT to H-1 (the original COS would be considered abandoned if you leave US before it gets processed).
Hi, i just lost my wallet with my EAD card in it!!
I am currently working in a company with my EAD card, and i do have a copy of my EAD card. My EAD card expires on Jan 14th 2012. I am curious that if i apply for a replacement now, i wont be able to receive it on time. So i do not really see a point to replace it.. My questions are:
— Can i continue work until my EAD expires even i lost it??
— When i am leaving the US, am i going to need it?
— if my company applies for H1b, am i going to need the original EAD card (i have a photocopy of it)??
Thanks in advance
I am going to respond because it also happened to me I was on my first period of opt. and lost the EAD card but was told you dont needed when crossing back into the US so I actually went back and forth into Mexico like 20 times and only 1 of those times the officer tolde that it is better to cross with it. Then when I extended to the 2nd OPT period they only require a copy of it so thats where I panic but the asked my employer for a copy and they had one saved (a crappy one ) but still worked. I sent the application and got the extension for OPT approved. Hope that helps.
Hi,
I am on my OPT right now, from 7/15/2011 to 7/14/2012.
I am still looking for a position, and which means i am unemployed for 3 months already. I heard there is a 90 days rule, can you clarify it a little bit?
Thank you so much
Another question,
if I need to explain the OPT idea to employer, can you suggest some references that can fully explain the OPT program? I already have some turn-down after they knew that I am an international student, but they did not want to know more about OPT, which should show that hiring me is the same process as hiring other citizens.
Thanks again
A person cannot stay unemployed for more than 90 days when on OPT. Once you have reached that limit, you will have to leave US (you get 60 days grace period on F-1).
You can try to explain OPT as an employment authorization document that allows you to work for any employer w/o requiring any visa sponsorship. Important thing to focus here is that you don’t need visa sponsorship as long as you are on OPT (lot of companies relate foreign workers to visa sponsorship and get discouraged from hiring them).
Hi Charles,
If you are on JAVA and looking for an opportunity, please get back to me with your contact details. We have openings on JAVA FT.
regards,
Sivaram
Hi,
I will be completing my MS in May 2012. Can you please clarify when I can get H1B sponsor at the earliest? Planned to get married in May 2013. Is it good decision to travel to India in May 2013?
Hi
I am on Opt extension and its expiring on July4,2012. I was planning to apply for h1b on Oct 3,2011 through consulting company but now I am required to travel to India on an urgent trip and will come back in Dec,2011. My doubts –
1) My employer says that i94 will change when I come back to US from India and hence its better NOT to apply for h1b now. Is this right? Can, they apply for h1b in Dec,2011 OR before my OPT extension expires?
2) Please advice me the best option as to whether to apply now without COS and putting start date as March2012? Will change in i94 affect the visa process?
Many thanks in advance.
1. Employer is right. They should apply for H-1 once you return back from India, so that COS can be filed and approved. It can be filed in this year’s quota as long as it is open.
2. If you apply w/o COS, then you will have to get H-1 stamped from a consulate outside US in order to enter and be on H-1. The other option is to file for COS once you return from India.
IMO, the better option is to have H-1 filed w/ COS once you return from India. The employer can keep all documents ready including LCA, and file the I-129 as soon as you return to US and have the new I-94. The only thing to watch out is the exhaustion of the quota. You can follow the weekly counts either on USCIS website or here on this blog.
hello Saurabh,
Thanks for your all suggestion.
I applied for 17-month extension opt and after more than 3 month uscis ask for evidence proof of my unemployment during 12 month opt. My 17 month opt is pending.
actually I went to india 41/2 month during my 12 month extension taking 1 month leave from my employer.
My 12 month opt expired–5th july 2011
If I submit 1 month leave absence letter + medical certificate from india (rest of time ) what my chance to approve my opt extension?
If my opt extension denied than I have chance to file h1b or get admission i collage
A person can be at most unemployed for 90 days when on OPT. If your response contains information that shows that you were unemployed for less than 90 days (only the time spent within US is counted), then you should be fine.
Hello Saurabh,
As per my collage manual,
” If you travel while employed either during a period of leave authorized by your employer or as part of your employment, the time spent outside the U.S. will not count as unemployment”
but I don,t have leave of absence letter for my employer(rest of time)
what my chance to approve my opt extension?
I have another question
If my opt extension denial around on nov 2nd week than after I can able to get admission in another university?
also all university start around jan 1st week so, after denial i can able to live up to collage start .
Thank u very much in advance
mukesh
What you need to submit is payslips for the time you were in US on OPT, and travel stamps in and out of US. This in combination would show that you were unemployed for less than 90 days while you were inside US.
I am not sure what the right answer is to your other question.
Hello,
I apply for 17-month extension opt and after more than 3 month uscis ask for evidence proof of my unemployment during 12 month opt. actually I went to india 41/2 month during my 12 month extension taking leave from my employer.
what’s my option?
1) can i apply right now h1b during my opt extension still is pending?
2) can i have to wait until decision for opt extension
3)can i get admission in school?
Yours suggestions are highly appreciated….
thanks…………………
1. Yes, but you may be asked the same thing you were asked during OPT extension
2. If you want you can wait. BTW, has your 12 months OPT period lapsed?
3. Yes, you can try to get I-20 from another school
HELLO SAURABH,
THANKS FOR YOUR RESPONSE.
12 MONTH OPT EXPIRED -5TH JULY 2011
But I have two question,
WHICH OPTION IS BEST FOR ME H1B OR TO GET ADMISSION IN COLLAGE?
(1)For H1B
1)RIGHT NOW I HAVE TO APPLY H1B
2)AFTER OPT EXTENSION DECISION I HAVE TO APPLY H1B
(2)FOR COLLAGE ADMISSION
1)RIGHT NOW APPLY FOR ADMISSION IN COLLAGE
2)AFTER OPT EXTENSION DECISION APPLY FOR ADMISSION IN
COLLAGE
THANK YOU
MUKESH
You can have another employer file H-1 for you and then see if it goes through. But if your either H-1 is not approved by 1st Oct, then you will have to leave US.
Yes, another school is also an option, but things may get tricky as your H-1 petition is already in progress. You should consult an immigration lawyer to understand all your options on this.
Your subsequent response w/o CAPS would be appreciated.
Hello Saurabh,
my opt extension is still pending. my employer already filed my h1b.
if my h1b approve than i have to go india and come back again??????
Thanks
mukesh
If your H-1 is approved w/ COS, then no immediate stamping is required. However, if your H-1 is approved w/o COS, then you need to go out of US, get H-1 stamped and enter on that visa stamp to work on H-1.
Hi,
I am having H1B VISA from ‘X’ company and i didn’t go to US. It is valid till May, 2012. If i moved to different company(Y) in INDIA, whether my VISA is eligible for transfer to Y company or not. Please guide me the transfer process.
Y can file a cap-exempt petition for you based on already approved petition from A. They will have to submit proof that you have already been counted in the quota (either copy of original petition or receipt number). Once approved, you can enter US to work on H-1 for Y. You don’t need to go for new stamping as long as current visa stamp has not expired.
Hi Saurabh,
Thanks a lot.
It’s alreday stammped through ‘X’ company. Is it valid for ‘Y’ company ?.
Thanks…
Yes, you don’t need to go for stamping again as long as current visa stamp is valid and unexpired.
Thanks a lot for the required information.. 🙂
Thanks a lot.. 🙂
Hi,
This is Spandana. I recently graduated and have a full time job, with a company who is willing to sponsor my H1 & green card. However, I am on my F1 -opt which expires next January, i.e 2012. After that I would have the option of getting an extension for 17 months too ( have met all conditions). Should I apply for H1 right away? or take benefit of the OPT/ OPT extension? I don’t have any plan of settling in US as of such, and would not want to pay the S.S and medicare, I would be obliged to pay being on H1- B.
What do you suggest?
Thanks,
Spandana
*which is
thoughts on 401k benefit also? is it beneficial to enroll in one? I am not planning to work in US for more than 2 years … being the maximum…
That’s little complicated (I have been thinking of writing an article on this, but am not finding enough time). Anyways, here is what you need to factor in before deciding about your enrollment in 401k:
– What is your current tax rate
– How much is your employer contributing
– What will be your tax rate once you leave US
And here are facts:
– 401k allows you to defer the tax until when you withdraw it
– There is 10% penalty when you do an early withdrawal
– If you withdraw after you leave US, you do not pay any taxes on the withdrawal (as you will not have any US income during that year)
– If you withdraw after you leave US, you will have to pay taxes on that income in your home country (I guess India) as you will not have paid any taxes on that income
When you put everything together, contributing to 401k may or may not be beneficial. It will vary from individual to individual. Hopefully, I will be able to write a more elaborate example w/ examples soon.
Then it’s better to be on OPT as much as possible. You need to keep track of your F-1 visa stamp if you decide to travel in and out while being on OPT, and also get it endorsed for travel from your DSO. At the moment, H-1 quota remains open for several months. However, I am not sure about FY-13 and FY-14 (those are the years when your OPT would expire). You need to keep an eye on filing trend to ensure you are able to file it well within quota and can continue to work after your OPT expires.
Other than above, I don’t see any issue in continuing to work on OPT.
Thanks !! 🙂
My H4 visa was valid till Sep 2012. I changed my status to F1 in Aug 2010.Graduated in May 2011.My OPT EAD is valid from june 2011-May 2012.Now its more than 60 days of unemployment since my OPT EAD was approved.Only 90 days of unemployment on OPT is allowed.If I am unable to find employment in next 30 days,my F1 visa will be out of status.I have some questions :
1)If F1 OPT expires on 10th Sep,When should I apply for change of status from F-1 OPT to H4?
2)If I apply late, and my legal F-1 OPT stay expires by the time H4 approval is received, do I need to leave the country or can I stay until I get approval?
3)My husband’s I-140 is approved and expecting PD to be current in next few months.So at that time, can he add my name on I-485 when i am on change of status(F1 to H4).Do i need to be on particular visa ie.either F1 or H4 before filling I485 with my husband?
1. It should be filed while you are still in status i.e. prior to completion of 90 days of unemployment.
2. If you apply after staying 90 days in US w/o job, then your COS may not be approved. You will have to leave the country in this case.
3. H-4 would be better as F-1 doesn’t allow dual intent.
Thanks for ur reply
Sir,
my son will be graduating( MS) in july. He is not in opt, but has got an job offer from a american co., who has promised to sponser H1 b visa. Should he still apply for opt OR can he directly apply for H1B visa.
The company can apply for H-1 directly w/ COS. However, H-1 wouldn’t start until 1st Oct or later. Your son would need to maintain his F-1 status until H-1 start date (he has 60 day grace period after the end of his F-1). As he hasn’t applied for OPT, he wouldn’t be eligible for cap-gap.
Hi Sreedhar
Can you give your contact id Plz
Hello,
I am in a situation where I need H1B visa filing for this year 2011. I hear the cap is closed, is that really the case. Can one not apply for the H1B anymore this year. Also if I go on a L1 visa, how can I get it converted to H1B. Does it make sense for the same company to do the transition or should I rely on some consulting company to do the conversion.
Thanks
Cap is closed for FY-11. Your employer can now apply in FY-12, first date of filing being 1st Apr 2011 w/ earliest start date of 1st Oct 2011.
The company can apply for your L-1; and they can file for H-1 for a different job. Yes, it would difficult for them to file for H-1 for the same job, but they may still be able to file H-1 for a different job. Another company applying H-1 for you is another option.
Hey.. what is other option for a F1 visa holder if he will not get OPT. Regarding H1B soponsership I think consluting companies like TCS,Accenture they will not sponser as they have already lot of H1B stamped resources available in pool at offshore. So just leave that option. The only way is find a american based company. Is it really true that american based company calls for a interview to a international student without any experience.I dont think so. If they want to hire fresher they will go for american citizenship. So I dont think these 3 options are feasible. Please tell me apart from these 3 option what are the other options.
Yes, I have also lost my OPT period since I got into a PhD right after my Master’s and lost my OPT for MS. but now i want to look a for job. so how to convert from F1 to H1B directly without OPT? How long does it take to convert? and when can i start working?
You can find an employer and that employer can file H1 for you. You may be counted in the Master’s quota based on your Master’s program. OPT is not a necessity for international students in order to file H1.
Actually, lot of American companies hire international students. I am not taking any names here, but I know few companies in San Francisco that hire people on OPT and later some of them also file H1s for those students.
can u share the name of the company ..plz mail to my id bobbyh1@indiatimes.com
Hi Saurabh
Can you plz give some name of company and contact id who files H1B.
Neither me nor Kumar recommend any employers over here. You will have to do your own research and vet them.
Good luck!
Hi. I came to US on B2 tourist visa and than did change of status to F1 visa. Now I have F1 updated I-94 paper and I just received my OPT. Now i am looking for work and going through many desi consultancies to get my BA training and get placed. Do you think this will work and i will be on H1 in 2010 itself, as the H1 cap has still not filled. Rest as I dont have a visa only the I-94 with OPT card, do u think I can go to India and come back on the same status. Please reply. Thank you.
Ps: if u know any good placement companies around los angeles please share with me.
Hi,
Is H1B the only visa option/category that a student on OPT is eligible for?
What are the other visa categories other than H1B that a student on OPT qualified for?
Well, as per my knowledge, H1B visa is the option most of the internationals with US education choose. But there are some Business and Entrepenuership related visas which I am not familiar with like EB5, you may have to do some research or talk to attorney.
YOU CAN EASILY GO BACK TO INDIA ON OPT
NOTHING HAPPENS
I WENT TO INDIA TWICE , nobody asks anything special at POE, all they need is your SIGNED I-20, THATS ALL !!!
so relax..njoy.. I WENT BACK TO INDIA 3 times & CAME BACK SUCCESSFULLY ON OPT
CHEERS-> U R D KING ON F1
Hi,
One of my friends did just come back from India. At the port of entry, they just asked for his passport and the updated I-20 for OPT. So,I guess it is ok as long as you have luck. Like everything else in life.
Thats very good to know Abhay ! Thanks for the update ! Yup, sometimes luck definitely does a lot 🙂
I say to hell with USA lets go back….
any way the chances of getting fair pay when some small to mid sized company sponsoring your H1 are close to none…
I fail to see any value in living in this country
Hi,
I am in exactly the same situation. Though I am getting a few interview calls from American Companies (should be able to get something concrete in a few weeks or so). But, for now I am with a desi consultant. Now in the scenario where I get a job through this guy, I can work for him for 29 months on F1. I don’t want to apply for H1B anytime soon. The thing is that I want to go to India this December for my marriage. Now, is the letter from consultant and one from the client side enough for me to come back to US? Also, will my wife get F2 easily in this scenario?
Thanks
Abhay, about going to India on OPT and letter from Consultant that you are on OPT: It is very risky to travel on OPT. Some people get away, but it is just risky in many people’s perspective. Look at your OPT card once, it should say ” NOT Valid for Re-entry to US” . Check it here : http://redbus2us.com/2010/01/sample-opt-card-what-to-look-out-for-is-there-cpt-card-too.html . It is up to your discretion now…
I appreciate you taking out your time for the reply.
The thing is that I asked around a bit and what people told me was that OPT alone is not enough and hence “Not for re-entry” is written on it. They said that if you have supporting documents then you should be fine. Also, will it make a difference if I work on F1 with a US based company? As in, will it be easier to go to India in that condition?
Welcome!. Personal thought, about working in US based company, I think it does. Just think logically, it gives more credibility because they are a company doing some business rather than just consulting like desi companies. It just makes your case stronger. About going to India, my personal thoughts are, I do not know anyone who went to India on OPT. So, I cannot guide you with an example as I do not have enough info.
My friend recently went to India on OPT. We inquired regarding that and found from International students office that if we have the offer letter from the company, OPT card and the new i20 updated with the OPT information, there will be no problem in re-entering US.
Sirkanth, What you say is correct. The point is, it can be risky at times like recession. Did he go to India and come back ? Please post an update after he returns from India. That gives much more clarity for our readers.
Hi
I want to know about your friend, did he come back to us
while on opt,if he then which document he brought with
him.I am going to India in 30th May.I also spoke to
my college officials they told me the same thing that
i need current I-20,employers letter , EAD etc.
Hi , I am Anil..
I am on J1 visa in a condition that 2 year rule does not apply.
As i am in safer side , I am in dilemma to change my status to f1 or H1 b Can u guys please suggest me like what are the advantages between F1 visa and H1 B. Because I found a coll that where i can work 40 hrs on CPT for 11 months and then OPT so can you guys please suggest me which is the best option either F1 or H1B ..
Yours suggestions are highly appreciated….
F1 and H1B both are completely different in the sense that one needs full time employment and one needs full time school. You have to be able to study and do school work too if you are on F1 and Pay the tuition fee too. On H1B you just work. Your choice should be based on your goal, either work or study.
Hi Abhay,
If you don’t mind me asking, can you email me the details of the consultant you are with now to please, since I am looking for a reliable one after hearing from our fellowmates who are already there.Thanks a lot. Appreciate it.