h1 from university

K

kathmandunp

Registered Users (C)
hi,

I need some help from you guys.

My OPT is expiring on July 20. I have a choice of extending my OPT since my employer has e-verify. I work in university Information Technology Services department. If my employer files my h1b visa does it come in h1b non profit public quota? or is it under that same 65K pool. I am confused on this.

So , I have a choice of doing OPT extension and h1b . Which way should I go and if I file my h1b am i allowed to work (ie. after July 20) until my h1b has been approved by USCIS ?

Thanks
Kathmandunp
 
Normally, H1B's filed by Universities are cap exempt.
Cap exempt H1B visas are only valid to work
for non-profit (cap exempt) organizations.
If you want work for a company later on, you will
have to obtain a new H1B visa.
This means, you cannot do a visa transfer from
University to go work for a company later on
(in case you find a better-paid job at a company).

Also, check if the University is going to sponsor you
for a green card. Many do not... !

In any case, a H1B visa is better than OPT.
Even if University doesn't sponsor you for
a green card, I would take the job.
Once economy is better, you may find work at a company
and get a new H1B visa with employer who will file for
your green card.
Good luck.
 
SandySkil said:
Normally, H1B's filed by Universities are cap exempt.
Cap exempt H1B visas are only valid to work
for non-profit (cap exempt) organizations.
If you want work for a company later on, you will
have to obtain a new H1B visa.
This means, you cannot do a visa transfer from
University to go work for a company later on
(in case you find a better-paid job at a company).

Also, check if the University is going to sponsor you
for a green card. Many do not... !

In any case, a H1B visa is better than OPT.
Even if University doesn't sponsor you for
a green card, I would take the job.
Once economy is better, you may find work at a company
and get a new H1B visa with employer who will file for
your green card.
Good luck.
Click to expand...

H1 is not necessarily better than OPT.
OPT has the following advantages,
less taxes (no medicare and ss)
more flexibility with employers (can change jobs easily)
more flexibility with status issues (D/S against a date)

Of course H1 has its own advantages, so everybody should weigh their options.
 
Last edited by a moderator:
There are a lot of long term issues involved with not paying SS taxes. It would be quite possible for a person to NOT qualify for SS disability even though working and paying currently into SS because benefit qualification requirements are age dependent.
 
That's true, but for a person who only intends to stay and work in the US for a year or two, SS taxes are useless expense. As I said, one should weigh one's options and decide.
 
the OPT is a temporary solution, in the best case you can stay a couple of year, after that you have to leave without H1B. The H1B has a duration of 6 years (3+3).....who passed through the process knows the difference. Actually until October 1 you will continue to use the opt paying less taxes even if your H1B has been accepted. at the end of October you will find the beautiful surprise in you paycheck. For a year or two OPT is good enough.
 
I had change from OPT to H1B as I needed to travel India and come back. Many suggested its not a good idea to travel on OPT.
 
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