!!!Important Question for F-1 to H1!!! W/O OPT!

A

Aakash24

Registered Users (C)
Hello Everyone!

I have a question, may be a dumb question, but its really important to me.

I am currently in F-1/OPT(expiring on Aug 15th). Planning to do H1 with a company that has given a job offer that is going to start on Oct 17th. They are ready sponsor my H1. But right now, i have a Business Economics degree from a US univeristy with computer science minor. I have little doubt about the status of my application if they apply H1 for me. i am working as a system risk analyst, but this is not a hardcore IT job.

That is why, i want to know if these followings will work out:

1) If i join the school this summer and eventually invalid my OPT. can my prospective employer file H1 for me? i wont be having the OPT card valid anymore. i will be a parttime student taking summer classes in my masters program with on campus assistantsip job with my department. and i will be in F-1.

2) i know that if H1 is approved i can work after October 1st. I am willing to maintain my F1 status till oct 1st, by enrolling Fall classes also. and after i know that H1 has got accepted then i can drop school and join the full time work on oct 17th.

I guess, my nutshell question is that, can i be sponsored for H1 while i am in F1 with NO OPT? and if so, then can i then drop out of school to join my full time work when i get transfer from F1 to H1?

Thanks a lot guys! certainly appreciated!
 
1) If i join the school this summer and eventually invalid my OPT. can my prospective employer file H1 for me? i wont be having the OPT card valid anymore. i will be a parttime student taking summer classes in my masters program with on campus assistantsip job with my department. and i will be in F-1.

---You join school this summer, you are back in F1. Yeah, your prospective employer can file H1 for you, no doubt. Dont matter about OPT.

2) i know that if H1 is approved i can work after October 1st. I am willing to maintain my F1 status till oct 1st, by enrolling Fall classes also. and after i know that H1 has got accepted then i can drop school and join the full time work on oct 17th.

---Once your employer files your H1, and received the receipt notice from USCIS, you will maintain the status. You don't have to join no school. BUT if it gets denied for some reason, then you are out of luck. You will be out of status.

3. I guess, my nutshell question is that, can i be sponsored for H1 while i am in F1 with NO OPT? and if so, then can i then drop out of school to join my full time work when i get transfer from F1 to H1?

---Yeah, you can be sponsored while you are not in OPT. After the expiration of your OPT, you have 60 days to decide either you want to stay here or go back home. If I were in your situation, I will skip my summer school, and join Fall. I will still be in status by doing that, since most of the Fall school starts from End of August. If you get accepted in your Masters, and will have F1, still at that time, your employer can sponsor H1 for you.

Thanks a lot guys! certainly appreciated!
 
Thanx a lot Indira!

I am actually trying to see that i can go to school in this summer, cos they are offering me an assitantship which i can retain for the length of the program if i join now. That way, if for some reason H1 is denied, then i can have that assistanship for the reminder period.

However, you meant, if i am not imstaken, i can join school in summer and still be sponsored by employer. And i will definately not going to drop out of school if i see that i am getting denied on H1. i will keep my F1 intact by enrolling full time in Fall. but once my H1 become available, then i can entertain my job offer and drop out out school or may be stay in the school and work both.

If everything in the previous paragraph hold truth, then i am good!

Please second me on that. once again, thanks a lot!
 
I did the same and I am in H1 now. I am 100% sure on this one. I did my Bachelors, went on OPT, later join Masters, and before the end of my semister I got an offer. They sponsored my H1 and got it approved. You won't have no problem at all. You can do whatever, join summer school and be in F1, and then later you be able to file H1 from your employer behalf.
 
Awesome!! Thanks a lot Indira! it really makes things lot easier now.

sorry to bug one more time. but that is my last question, if my employer file my H1 at the end of June, and then if i get the acceptance letter before Oct 1st, then will it do make any problem for my current F-1 status?

And should u think i ask them to do regular or premium processing?

thanks once again!
 
Awesome!! Thanks a lot Indira! it really makes things lot easier now.

---I am glad that it will work out for you well.

sorry to bug one more time. but that is my last question, if my employer file my H1 at the end of June, and then if i get the acceptance letter before Oct 1st, then will it do make any problem for my current F-1 status?

---its no bugging at all. Otherwise I wouldn't have responded to you. Feel free to ask me if you have any doubt. Once you get approval letter, then your F1 is invalid. Your status will be under H1. Getting the acceptance letter won't make any difference in your process.

And should u think i ask them to do regular or premium processing?

---Preminum Processing is an opt you can take. Matter of fact I did the same thing. Depending upon how soon you want your H1 on hand, seeking this option will help. They will make decision within 15 days of receipt notice in such cases.

thanks once again!
---No Problem.
 
You must log in or register to reply here.
Top