CPT or OPT

A

an1974

Registered Users (C)
Hello:

I am expecting to start a job in June 1st, 2005. Presently I am pursuing my Ph.D and would be near completion by end of May 2005. With the existing H1B cap, I am wondering whether I should be going out with a CPT or pre-completion OPT? I am worried that I may miss this year cap since my filing date is little late (may be 1st week of June 2005). And by the time next filing session is available, my OPT would be over and I would be out of status. If I go out with a CPT, I may still have the opportunity to file H1B for the next session.

Any advice would be very much appreciated.


Thanks,
AN
 
an1974 said:
Hello:

I am expecting to start a job in June 1st, 2005. Presently I am pursuing my Ph.D and would be near completion by end of May 2005. With the existing H1B cap, I am wondering whether I should be going out with a CPT or pre-completion OPT?

What do you mean by near completion. Not clear, when are you graduating?

I am worried that I may miss this year cap since my filing date is little late (may be 1st week of June 2005). And by the time next filing session is available, my OPT would be over and I would be out of status. If I go out with a CPT, I may still have the opportunity to file H1B for the next session.

No matter what you wont be out of status. I would be able to answer your questions better if I have answer to my previous question.

Any advice would be very much appreciated.


Thanks,
AN
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Studious:

Thanks for the response. By end of May 2005, I will be done with my experimental/numerical work and the preliminary draft of the thesis. I am expecting to work on the correction of my thesis while working.

I was anticipating a spring graduation (May 2005) but that does not seem possible. Therefore, I would be graduating in August 2005.


thanks,
AN
 
nasim_asm said:
Studious:

Thanks for the response. By end of May 2005, I will be done with my experimental/numerical work and the preliminary draft of the thesis. I am expecting to work on the correction of my thesis while working.

Then you can go for OPT before your graduation which allows you to work full-time. USCIS takes 90 days approxiamately to process your OPT applications. If you start applying for OPT now, you can start working full-time in June or July, 2005. In such a case, your OPT will expire in June or July, 2006.

If you have an employer who is willing to sponsor you with an H1B visa right now, the employer can petition for your H1B and change your F1 status to H1 as 65,000 visas for the 2006 fiscal year would last until atleast September, 2005. If the petition is approved, you will be on F1 status (i.e. OPT) until September 31, 2005 and on H1B from October 1, 2005.

Even if you don't have an employer who is willing to sponsor you with an H1B visa right now, there won't be a problem if you can find one before June or July, 2006. You might be thinking that the cap for the FY 2006 would be reached by then. As the FY 2007 H1B cap starts on April 1, 2006, if your prospective employer files your H1B petition before the deadline given by the USCIS (usually July XX, 2006), you are considered to have maintained your status even if your OPT expires in June or July 2006. Here, you should note that the employer is filing for your H1B out of FY 2007 cap, which means that you cannot work on H1B for that employer before October 1, 2006. In this case, you have to lie idle for 3 or 4 months period from your OPT expiry date to September 31, 2006. USCIS terms these cases as "Cap Gap" cases and allows the OPT students to remain in the U.S. until October 1, 2006 (even though they are not studying or working full-time) on which date you will start working for working for the sponsoring employer on H1B.

I was anticipating a spring graduation (May 2005) but that does not seem possible. Therefore, I would be graduating in August 2005.

If you want to work part-time while in school, you can work on CPT until August 2005 and start OPT in September or October, 2005. You have to proceed in the above manner afterwards.

Hope this helps. :rolleyes:

thanks,
AN
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Studios:

Many thanks for the insightful reply. It has cleared many of my confusions. Last few quarries:
a. Can my employer submit my H1B application in April 2005 – while I am planning to join in June 2005?
b. Is there any immigration rule that restrict this procedure?
c. Is there any rule that H1B application has to be made after the OPT application has been approved? Or can they be filed separately?


thanks,
AN
 
Okay, then here are the answers to your question.

an1974 said:
Studios:

Many thanks for the insightful reply. It has cleared many of my confusions. Last few quarries:
a. Can my employer submit my H1B application in April 2005 – while I am planning to join in June 2005?

USCIS has not clarified as to the new 20,000 visas that are available for the FY 2005 yet. Initially, USCIS stated that the new visas are available to those who hold US Masters or higher degrees. Later, USCIS said that they are available to all beneficiaries and not just to those holding US Masters or higher degrees.

As you won't be completing your PH.D. before the prospective employer petitions for H1B, if USCIS makes those 20,000 visas available to all beneficiaries, the employer can submit your H1B application in April 2005 and you can start working for him in June 2005.

b. Is there any immigration rule that restrict this procedure?

No, unless USCIS makes the new 20,000 visas available only to those holding Masters or higher degrees.

c. Is there any rule that H1B application has to be made after the OPT application has been approved?

No

Or can they be filed separately?

What do you mean by filing separately? Sorry. :confused:

thanks,
AN
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Also, if you are a Singapore national, you have one more advantage, 6,800 visas out of the total 65,000 H1B visas are reserved to the nationals of Chile and Singapore under the free trade agreement with the United States. Check the following link.
http://www.americanlaw.com/h-1b1.html
 
Last edited by a moderator:
an1974 said:
Studios:

Many thanks for the insightful reply. It has cleared many of my confusions. Last few quarries:
a. Can my employer submit my H1B application in April 2005 – while I am planning to join in June 2005?

USCIS has not clarified as to the new 20,000 visas that are available for the FY 2005 yet. Initially, USCIS stated that the new visas are available to those who hold US Masters or higher degrees. Later, USCIS said that they are available to all beneficiaries and not just to those holding US Masters or higher degrees.

As you won't be completing your PH.D. before the prospective employer petitions for H1B, if USCIS makes those 20,000 visas available to all beneficiaries, the employer can submit your H1B application in April 2005 and you can start working for him in June 2005.

b. Is there any immigration rule that restrict this procedure?

No, unless USCIS makes the new 20,000 visas available only to those holding Masters or higher degrees.

c. Is there any rule that H1B application has to be made after the OPT application has been approved?

No

Or can they be filed separately?

What do you mean by filing separately? Sorry. :confused:

thanks,
AN
Click to expand...

:rolleyes: Also, if you are a Singapore national, you have one more advantage, 6,800 visas out of the total 65,000 H1B visas are reserved to the nationals of Chile and Singapore under the free trade agreement with the United States. Check the following link.

http://www.americanlaw.com/h-1b1.html
 
Sorry and please ignore the last question. I am not a Singaporean. I think I can summarize the following:

“I will apply for my OPT soon so that I can start working in June 2005. I will request my prospective employer to apply for my H1B in April 2005 under the regular quota. If approved, my H1B would be effective from 1st October, 2005. And, there is no restriction from the immigration authorities that will bar my employer to file an H1B application before I start working for them (H1B application is April 2005 but joining work would be June 2005).”

Any clarification of the above statements would be appreciated. Thanks for your suggestions.


thanks,
AN
 
H1 B can anyone throw light on what's going on

Hi

If anyone has any updates on the 20k Visas that USCIS has said is available now to all non immigrant visa applicants , have they come up with any regulations and filing dates ?

Is it advisable to wait for the 20k Visa announcemnet or file for the 2006 quota for which applications are supposed to be accepted from 1st April 2005

Can someone please advise
 
an1974 said:
Sorry and please ignore the last question. I am not a Singaporean. I think I can summarize the following:

“I will apply for my OPT soon so that I can start working in June 2005. I will request my prospective employer to apply for my H1B in April 2005 under the regular quota. If approved, my H1B would be effective from 1st October, 2005. And, there is no restriction from the immigration authorities that will bar my employer to file an H1B application before I start working for them (H1B application is April 2005 but joining work would be June 2005).”

I am not sure if you can apply for your OPT and at the same time petition for your H1B. Petition for an H1B amounts to petition for the change of student status (F1) to work status (H1B). Check with your School's International Students Services or an attorney. The better option would be to apply for OPT immediately in April, 2005 for 6 months initially. Once you start your OPT, the prospective employer can petition for your H1B in June or July, 2005 through premium processing which would be approved in approximately 3 or 4 weeks and effective from October, 2005, thereby enabling you to work continuously for your employer.

Any clarification of the above statements would be appreciated. Thanks for your suggestions.


thanks,
AN
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Similar Problem

I have a similar problem. I just applied for my OPT (April 14) . My job start date is June 1 2005. Although the intenational office in our school is doing with expedited and say that I will get my OPT/EAD card within 3-4 weeks but they are also NOT SURE...

I will be graduating this May. Will it be possible for me to apply for CPT also and start working full time and wait for my OPT card to come?
 
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