What can F1 students on OPT do now?

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kr1979

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What can F1 students graduating in May or those on OPT do now?

I am an International student, and graduated in Jan '07. I am also a victim of the present H1B crisis, and did not file my H1B on the first day. I never expected the 20,000 exempted quota for US Masters' to get exhausted so early, considering the fact that it lasted till July 26 in 2006. But what ever is gone is gone, and am now wondering what can I, and many other graduates in similar situation. do to tackle this situation?

I am also wondering that what will be the situation of students who graduate in May '07. Most of the universities in US give an admission in Fall semester (usually September) and so most of the students graduate in May. So what will happen to those students, and considering the fact that most of the Ivy Leagues and other Top schools will have their international students graduating in May, will they be able to put any pressure on Congress to increase the Cap this year? And I am not even sure that if Congress passes a bill to increase the Cap, can it be effective from the current year, or it takes a year for the bill to be effective?

I am really worried about this situation, and am wondering what is going to happen to all of us International students, who after spending huge money on their Masters', expect to make a good living after graduation.

Any thoughts, comments, or inputs to this will be highly appreciated.. Also, I request all the people reading this post to please go ahead and send the email to the Senate & Congress using the link provided on the forum.. I am also pasting the link below, and even though I agree that this might not be that helpful, but we never know what can make an impact, and we don't have anything to lose but a few minutes sending the message. I have already sent a message, and have composed my own message and sent, discussing my situation and that of other International students, and hope that many others will do the same.

The link is http://capwiz.com/aila2/issues/alert/?alertid=9589591
 
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International students graduating in the month of May-June have the better chance of getting H1b visa compared to those students graduating in January. Students graduating in the month of May-June of any year can apply for one year OPT period and can file their H1b next year. They have one additional advantage as they would have their Degree certificate ready by the time they apply for H1b and can be considered eligible for additional 20,000 master's quota. Some of the students graduating in January might not have their degree certificate ready by the time they apply for H1b in same year and probably they might not be considered eligible for H1b master's quota.

They also earn same amount of money on OPT and can also escape from paying H1b tax. Tax rate for OPT students is much lower than that of H1b.

As far as your case is concered, I am not sure whether you are on OPT or not?? If you are on OPT than please mentioned me your OPT expiration date. you can stay, work on OPT for one year and you will have 60 days grace period once you are done with your OPT period to change your OPT status to H1b. You should also apply for F1 again incase you don't get H1b visa.
 
Hi, thanks a lot for the reply, and for your time. I guess I mentioned in the first post that I am currently on an OPT.. I graduated in Jan '07, and received my degree certificate by the end of February, and I guess it is the same with most universities (if not all), that they issue degree certificate within a couple of months of graduation. I am aware of the fact that on an OPT, the tax is much less compared to that on H1B. I also am aware that I can take a two month grace period after my OPT expires, and I can re-join the school again in Jan '08. I just was discussing the issue in general as to what can be done to avoid the situation of re-joining the school again after OPT expires (i.e. getting back on F1 in 2008), and does any alternative exist.

Also, regarding your point that people graduating in May-June will be safe, I guess it is not true. You get only one year of OPT, and you can take the two month extension either before starting the OPT or after the OPT. If a person delays his/her OPT start date for two months after graduation (lets say the person graduated in May, and starts OPT from July), then also (s)he will be done with OPT in July 2008, and the H1B starts in Octorber 2008, so (s)he will be out of status for a couple of months.. And you can only take extension once (either before or after).. So people in such situation too will have to worry about those few months, and I am not sure if its a good idea to leave the country for those two months, and then appear for an interview in India for H1B before getting it stamped.. I have heard of many cases where people got their H1B rejected at the interview..

I hope you understand what I am trying to say..

Thanks
 
I was just expressing my ideas as I am not a lawyer and I am also an international student like you. I am under the same situation as my university hasn't issued my graduation certificate, yet and I have already sent my H1b application to the USCIS. I am not sure whether I would be considered under advance master's quota of 20,000 H1b or not as I have not submitted my degree certificate, yet. Though I have submitted my final transcript showing that I have already finished my graduation with master degree. I am also keeping my fingers crossed and lets wait for the decision.

What is your plan, if H1b number doesn't increase this year as you haven't applied, yet. Nothing personal but I think my case is similiar to yours as well. Just sharing ideas you know...thanks
 
for those graduating in the month of May and with OPT expiring in July next year....they can go for H1b premium process. File for H1b in April and get your H1b in latest by May. And I think once you are approved for H1b in May, you are in status and you don't need to wait untill October.

I am not sure once you file for H1b you are in status or not....or you need an approval before considered in status????
 
When did u graduate? If in Jan, then its surprising that your University hasn't issued you the degree yet.. And by the way, if you don't mind me asking, when did you submit your H1B application? I guess that if you included your final transcript, you should be good..

As for me, I too submitted my application on Sat, and I guess USCIS will receive it either today or tomorrow.. I just wanted to take a chance, so that if in case the quota hasn't exhausted, then I don't repent in future for not sending in the petition.. I haven't thought about what I will do if I don't get H1 this year.. I have 2 options.. either I will try getting a job in another country, or I will again get on F1 after my OPT expires, and will try to file next year.. But I so very don't want to do join school again, and hope that some miracle happens this year itself. Maybe Congress might increase the cap this year itself, and we will have enough quota available to get our heads in..
 
I have submitted my application around 29th of March and reached to USCIS on April 1st. My university told me that they gonna issue my degree certificate in April and I had no choice but to just include my final Transcript. My only concern is whether my application would be considered under Master's quota or general quota????

If I don't get H1b this year, I would go for F1 visa again..I would not dare to leave this country and try to come back....
 
I guess you should be fine since you submitted your transcript.. and you have filed your petition in time, so the cap shouldn't be a problem for you.

I too am not going to leave this country and come back.. If I get a good job outside US, I might never come back..
 
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