Can employer apply for H1-B while I'm one F-1?

mikegg2015

New Member
Hi all

Thanks in advance for your responses.

I am a PhD student graduating in May and I also hold a Masters degree from a US university. I have been offered a job and will start the job right after graduation.

As far as I know, I need to apply for OPT and then my employer can apply for H1-B visa on April 1, 2016. My question is whether my employer can apply for H1-B visa this April (2015) while I'm on F-1 visa considering that my start date would be some time around mid May? And if so, should I still apply for OPT?

Thanks again,
Mike
 
They can definitely apply for H1b for you on F1 or any other status, or even if you are not in the U.S. However, the H1b status starts on October 1, so you would only be able to start working on H1b on October 1. If you want to work before then, you have to work on OPT. I am not sure, if you have concurrent OPT and H1b applications, whether they will conflict with each other or something.
 
Thanks so much for your response. I hope someone can answer the second issue as well. Because I absolutely want to start as soon as I am done and will be willing to wait a year to apply for H1-B rather than waiting until October,

I'm gonna consult with an immigration lawyer and post the answer here just in case someone has the same question.
 
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