F1 to H1, univ. position

J

jinkm

New Member
I am waiting for new H1 visa processing. I have currently F1 visa which is expired because I didn't leave US since I come here 10 years ago.

* Should I leave and come back again to get the H1 stamp done, or is there other way to do it without leaving US? If I'm not leaving US, then is it ok to not getting the stamp done?

* I will get Univ. position so I'm assuming it's not affected by quota. But, not sure about premium processing. Are they still accepting premium processing from Univ. position?

* Does the Univ. position petition require same documents as business organization? (95% salary rule, etc...) I am a docotral student but didn't finish it (finished course work only) and got the job offer from Univ. so I don't have degree from US. I have master's degree from my home country though.

* Since I'm F1 student, I have I-94 as D/S. When I get the H1, should I leave US and come back again because of I-94 change?
 
1. Yes you need a H1B stamp to continue to be on H1, when you travelout of US after approval. If you travel before H1 approval you will abandon F to H.
2. Is not affected by quota, you can do premium processing
3. Yes, Same
4. You dont have to leave, with the h1 approval a new I94 should come. If you dont get the new I94, then you need to go to home country or canada or mexico and get a H1B stamp and come back into US getting a new I94.
 
Thank you for your reply.

Does that mean if I'm not leaving US, then I don't have to get stamp for my H1 visa? Maybe I will visit my country next year. Is it ok to wait until next year?

Or, is there any way I get H1 stamping within US? (like St Louis?)
I am a bit worried because I didn't finish my doctoral degree and transfer my visa from F1 to H1. Is this going to be a problem when I get a stamping in outside of US?
 
Yes you can stay here forever (until H visa expires). St.Louis is only for h1 renewal stamping.
You dont have to worry about not geting the degree yet.
 
Thanks for your valuable info.

When can I start working? Can I start working when I get a receipt notice from INS? Or should I wait until final H1 visa comes?
(If we put start working day as like a week from today, then can I start working after a week?) I've heard from my friend that he started working right after he got notice from INS. Is it correct?

I just want to know the starting working point so that I can have time and plan things beforehand.
 
You have to wait for H1 approval before drawing H1 salary- are you eligible for OPT/EAD?
You can put the request start date from the day of receipt, and in most cases USCIS provides that as the start date.
 
Thank you very much!
Does that mean I can work if I put starting day roughly as I receive the receipt, or I can't work until I receive the final H1 visa no matter what?

So, my friend is not correct?

I can do OPT but my International office advisor said that it will take about 4 month. (much longer than even normal H1 processing, right?)
 
OPT-EADs have start date closer to or after approval date. But for H1 start dates can(should) be receipt date.
 
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