F1-OPT-H1 and now employer transfer - Ivy

[sanam9696]

Hi everyone,

I need your help.

I came to US on F1 visa in 2004 to pursue MBA; I have finished my MBA in May'06 and since then I am working with one company on OPT; my OPT is valid until May'07. This company has filed for H1B (also received approval), which is valid from 1-Jan-07 to 31-Dec-09.

Rightnow my company is not doing good and I might lose the job with them; considering the situation I have few questions:

If I join new employer today (on OPT), is it possible for them to transfer my already approved H1b, which is valid starting from 1-Jan-06?

Thanks.

 

[romaldo]

F1 to H1B to F1 to H1B

I am in a similar situation.

I have some questions regarding switching from H1B to F1 status. My case is a little different in that I entered the US with an F1 visa. After getting my degree in Master of Science, I switched to H1B to work for a company. After 2.5 years of working in this company, I decided to apply for an MBA and was accepted. Now, I have some questions regarding switching back to F1 status.

1. Initially, I was under F1 status and was a student. Before graduation, I applied for OPT and received my EAD card. The card was valid from May 16, 2004 to May 16,2005. It was valid for 1 year. However, I changed status to H1B on October 1, 2004. My question: Did I use 12 months of OPT or just 5 months of OPT since I change status to H1B after only 5 months of OPT?
2. I’m planning to study again for an MBA degree. As I mentioned I was in F1 status during the time I was studying for a Master of Science degree. Since MBA and Master of Science are the same level of education, am I not eligible to get another 12 months of OPT for my MBA?
3. Do you get a total of 12 months for CPT and OPT? Or do you get 12 months for each?
4. I mentioned that I am currently under H1B visa. If I decide to study and switch to F1, am I part of the 65,000 cap for working visa if I decide to work after my studies?
5. Upon graduation, I plan to go back to H1B. I anticipate that the company I will be working for would need time to process my H1B. How long can I stay in F1 status from my graduation date while waiting for H1B?

 

[LucyMO]

My question: Did I use 12 months of OPT or just 5 months of OPT since I change status to H1B after only 5 months of OPT?

it is irrelevant, because you cannot use the rest of the OPT from that time - because it already expired and because you changed status.

am I not eligible to get another 12 months of OPT for my MBA?

that is correct. You are not eligible, sInce you already had a Master's degree with OPT, you will not be able to get a second OPT since the new degree will be at the same level.

3. Do you get a total of 12 months for CPT and OPT? Or do you get 12 months for each?

If you accumulate 12 months of full-time CPT, you will not be eligible for OPT.

5. Upon graduation, I plan to go back to H1B. I anticipate that the company I will be working for would need time to process my H1B. How long can I stay in F1 status from my graduation date while waiting for H1B?

You will have 60 day grace period from the expiration date on your OPT EAD.

4. I mentioned that I am currently under H1B visa. If I decide to study and switch to F1, am I part of the 65,000 cap for working visa if I decide to work after my studies?

this you will have to ask in H1B subforum.

 

[LucyMO]

I came to US on F1 visa in 2004 to pursue MBA; I have finished my MBA in May'06 and since then I am working with one company on OPT; my OPT is valid until May'07. This company has filed for H1B (also received approval), which is valid from 1-Jan-07 to 31-Dec-09.
If I join new employer today (on OPT), is it possible for them to transfer my already approved H1b, which is valid starting from 1-Jan-06?

Do ask your questions in H1B subforum. Something tells me that after H1B approval you may have been in H1 status, and not F-1.

it's possible to transfer H1 to a different employer, not subject to cap.

 

[shank837]

OPT and CPT

I completed my Masters in Computer Science and am currently working for my employer. My OPT is expiring in May'07 and my employer is planning to apply for my H1b this april. Can I apply for another Masters (MBA) in some other university and work here during that time by taking a CPT? Am I eligible for a CPT since both the degrees are in the same level (Masters). Is there any risk involved in this as my status gets changed from F1-OPT-F1-CPT-H1. My employer is willing to send me to India if there is no other solution. Can anyone please let me know possible risks involved in each of these.

Thanks in advance

 

[LucyMO]

F1-OPT-F1-CPT

this is not a change of status - you keep being in F-1 status all this time.

Yes, you should enroll in a program at the university to keep F-1 status. However, if your International center does not approve your CPT - you are out of luck and will have to study till October 1.