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Home > Law > Immigration Law   »   F1 to H1 visa

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Old Jan 13, 2007, 03:57 PM
ash51983
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F1 to H1 visa

Hello,

I will be graduating in May 2007. Currently ive got an F1 visa. So should i work after i graduate usaing opt or directly get H1 visa? Is that possible? Is there a difference between H1 and H1-B visa? I am just worried about the fact that what if my employer refuses to sponsor for H1 visa before my opt expires. Thats why i am asking this question. Thank You. Please help me out.

Ashini

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Old Jan 17, 2007, 02:36 AM   #2  
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Quote:
Originally Posted by ash51983
Hello,

I will be graduating in May 2007. Currently ive got an F1 visa. So should i work after i graduate usaing opt or directly get H1 visa? Is that possible? Is there a difference between H1 and H1-B visa? I am just worried about the fact that what if my employer refuses to sponsor for H1 visa before my opt expires. Thats why i am asking this question. Thank You. Please help me out.

Ashini
Hi Ashini,

I'll take a shot at answering your post. Speaking for my company, we would hire you on OPT with the understanding that if everything is working out, we would need to file an H-1B petition for you to keep you after one year. (Although... it's actually more like our scientists just hire you because of your qualifications and usually forget to inquire about your visa status, assuming I can just fix everything for them.) I'd do the OPT for a year but make sure to discuss from the start that you will need to change status in a year and the employer will need to file a petition for you if you are both happy with your work. (The filing process can take months and will begin or SHOULD begin several months before your OPT end date, fyi.)

For your purposes, there isn't a difference between an H1 and an H-1B that you need to worry about - it's basically how they categorize your profession (specialty occupation, physician, model, department of defense, etc.). Your employer will know which one needs to be filed for.

Valleri
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