Urgent please respond: F1-H1B, quitting PhD

R

rgpr

New Member
Dear All,

I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

My questions are as follows:


--Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?


--Given this is the Month of March/April if I get a job now how may I be able to work for an employer?


--How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?


--If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).


Thank you very much for your help.
 
rgpr said:
--Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Click to expand...
Yes, but you need to be aware that you do not accumulate unlawful presence. This will be determined by your end day in SEVIS and you have to discuss that with your DSO.

rgpr said:
--Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
Click to expand...
You won't be able to work for the new employer even with an approved H1B until Oct. 1, 2010.


rgpr said:
--How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
Click to expand...
As soon as your DSO terminates your F1, you must depart the USA. There is no grace period unless you actually complete the program of studies. The only time pre-completion OPT is given is usually during summer when you want to work on an off-campus internship, or if you can demonstrate hardship, the DSO may grant you pre-completion OPT. But it is uncommon. Given your circumstances, a pre-completion OPT grant is unlikely.


rgpr said:
--If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Click to expand...
This question is moot. Given the fact that you want to quit now, your F1 will be terminated. You have to leave the US. As such, when you get your new H1B approval, you will have to visit the embassy for a visa stamp.

Bottom line, you can't legally stay in the US AND WORK after you quit the Ph.D.

The above is my opinion only and not to be used as legal advice. Please consult an immigration attorney if you need legal advice.
 
An additional question

Thank you for the previous reply. However I have one additional question:

I am a PhD student in a similar situation (Have a Masters degree from a US university, enrolled in a PhD program for last one year, currently on an F-1 visa), who wants to quit his PhD program. However I have not used up my OPT at the previous university. Right now I am pursuing my PhD from a different university.

What are my options? Can I apply for OPT in my current university after I quit my PhD? What about applying for it at my old university? Any advise is appreciated.
 
Leaving PhD and going for job

I am a PhD student with F1 VISA. I Have a Masters degree from a US university. I have been enrolled in this PhD program in a different university for last two years. I want to quit my PhD program and want to go for job. However I did not go for CPT or OPT after my MS in 2009.

My questions are : Is there any option for applying OPT at my current university ? What about applying for it at my old university? Did I pass the deadline for OPT after my MS ? Any advise is appreciated.
 
URGENT PLEASE RESPOND!!!!!!!

Dear All,

I am currently hold a F1 visa and am enrolled in a PhD program, finished 2 years. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.

My questions are as follows:

--What are my options as International student on F1 visa if I quit my PhD?

--Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?

--Can I go for another Master's degree or Day 1 CPT program?

-- Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?

--If the change of status from F1 to H1B is approved will visa stamping in India be an issue?


Thank you very much for your help.
 
I am a Ph.D. student in a similar situation. I have a master's degree from a US university, enrolled in a Ph.D. program for the last 2 years, pursuing my Ph.D. from the same university. I am currently on an F-1 visa and I want to quit my Ph.D. program. I have not used up my OPT with my MS degree.

What are my options? Can I apply for OPT at my current university after I quit my PhD? Can I get my H1b sponsored (cap exempt) and quit my Ph.D.? Any advice is appreciated.
 
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