help with OPT, H1

P

pradeep_2004

Registered Users (C)
Hi, I have a full time offer in a University. They will file H-1B for me soon. My previous school where I pursue my PH.D will send me a letter that I complete the degree.

According to USCIS, after completion of degree, I can not apply OPT.
In case the H-1 petition has problem, I can not apply OPT.

Is that OK for me to apply OPT before the school send me the letter of completion of degree? Then I ask the University to petition H-1 for me?

Thank you for your suggestions!
 
I am on CPT

Hi, Thanks for your reply!I
am on CPT. But the school do not accept CPT for teaching. So I need change to H1.
 
If you are on CPT, I'm assuming you are still on F-1 status and have not officially completed your degree. I think you can just complete your degree, and apply for post completion OPT.

Though, it takes about 2-3 months for USCIS to approve the OPT.

I hope you are aware that in March, you can apply for a H1B that is effective immediately (rather than October 2005), using a new law signed by Bush. To get this kind of H1B, you will need a US Masters (or better) degree certificate.
 
graduate students do not have to wait to complete their studies to get OPT. They can do pre-completion OPT. :) I did. :)
 
Opt / H-1 / I-20

Hi,
I am thankful to your emails!
I apply the OPT now, the international office will issue another I-20 with OPT recommendation.

Right after that, the new university employer will apply H-1 for me. The I-20 is being processed in the previous university for OPT, so may I use the I-20 copy without showing the OPT recommendation for H-1 petition? In other words, how OPT and H-1 are related? How important is the I-20 in apply for H-1?

Thank you very much for your replies!
 
H1 and OPT are not related. However, your I-20 should be valid, that is, they need some evidence to see that you did not go out of status. If the H1 you have on hand is valid currently and has a few* months more (*=6 months if you are not using premium processing, 2 months if you are using premium processing), you should be ok. Otherwise, wait for the new I-20 with OPT recommendation.

You did not say which H1 you are applying. For FY06 starting in October or for new FY05 20,000 quota starting March.

If you are applying for the March quota, it may not be a good idea to apply for OPT. The reason is that approval of H1 will change your status to H1 in March, and that would disqualify you for an OPT. Visa versa MAY be possible. If OPT gets approved after H1, I don't know what that means, and you'd better find out before you attempt.

Maybe it's time to talk to an attorney..
 
Hi,
Many thanks for the suggestions here!
I apply for faculty position, it has exemption of H-1 quota.
Why you said "2 months if you are using premium processing"?
I will consider stop apply for OPT.
Thanks a lot for share the information!
 
Be careful though. If you have completed your degree, you may already be out of status because even though your I-20 is valid. I think there is a grace period, but I'm not sure. Normally, OPT keeps you in status after finishing your degree.

Applying for H1 also keeps you in status. So if you apply for H1 immediarely after graduating it is probably ok. But a gap of a week or more would probably come under scrutiny.

If you decide NOT to apply for OPT, make sure you are in status till the day H1 application is received by USCIS. (Once they receive it, you are ok as an application is pending)
 
Hi,
Thank you for the message! There are 60 days grace period(8 CFR 214.2 (f) (5)). I am considering both apply H-1 and OPT.
 
H1 and OPT

I have the similar question. I got a job offer. So I applied for full time OPT based on my completion of courses. I have only thesis left. The company will apply for H1-B visa for me on March 8th (I have one master at hand). My concern is that in my recent I-20 form, there is OPT recommendation. I did not know whether it will affect my H1-visa?
 
Weilei - I don't have an answer. If OPT gets approved after H1, I don't know what effect it has on H1. You need to talk to the company lawyer to find out.

On a side note, on OPT as you are a F-1, you don't pay social security tax. When you change to H-1, you start paying social security taxes automatically.
~T
 
You must log in or register to reply here.
Top