View Full Version : F1 to H1b without OPT
rmb
Feb 27, 2009, 07:14 PM
I'm Currently on a F1 visa and I'm confused with some employment issues.
My school doesn't provide any sort of OPT or CPT or for that matter Employment Authorization.
If I get an Sponsor to Hire me, even without the OPT, Is there anyway for me to get a transfer from the F1 to the H1B?
DCcityboy
Feb 27, 2009, 07:55 PM
If you already have the required bachelors degree and you can maintain status during the time pending visa availability, October 1.
Is it that your academic program doesn't qualify or that you FSA/DSO won't file? If the program qualifies, you can file the I-765 on your own. Consult with an experienced immigration attorney.
If this was helpful, rate this answer! Good luck.
rmb
Feb 27, 2009, 08:02 PM
I can maintain my status, for as long as I am studying.
I also have an Master's degree in Oral Rehabilitation from the best University in Brazil.
I actually don't know if my school doesn't qualify or the FSA/DSO won't file, all they say is "no work at all", I don't know if that kind of denial is even legal, Because I might need to work get extra money to keep myself studying.
DCcityboy
Feb 27, 2009, 08:34 PM
If you qualify right now for an H-1B without needing the degree you are currently working towards, you can file. The F-1 keeps you in status while you wait for Oct. 1 start date.
If you have a foreign Master's degree and the educational evaluation is at least a US bachelors degree, and your prospective position requires that degree, you can file.
It sounds as if the school has a policy of no OPT EAD. I wouldn't push them as a basic requirement for the F-1 is that you have the funds for tuituon and all expenses and you do not need to work. There are limited exceptions.
You should consult with an experienced immigration attorney.
If this was helpful, rate this answer! Good luck.
Let's say I find someone that is up to hire me, they would need to require my degree?
What form should I file?
Why October 1?
DCcityboy
Mar 1, 2009, 03:39 PM
The H-1B visa if for a professional position that requires the equivalent of a US 4 years bachelors degree. The company cannot only require the degree, the industry must generally require that degree.
The company will have an attorney, or they may allow you to hire an attorney, but they will file the forms to the USCIS, there are many for the H, but the operative form is the I-129 and H supplement. Please note there are other requirements before filing the application, you must find out the prevailing wage, have an internal posting notice and then get an LCA annotated by the US DOL. Also the filing fees will vary depending on how you file (premium processing or not), whether this is a first or subequent filing (fraud fee) and the number of employees in the company (training fee), as well as other forms if you have dependents. You will need a support letter as well as the documents to show you qualify for the H visa.
October 1 is the first day of the new fiscal year (FY 2010) and the day you can begin work, as that is the first day the new allocation of 65,000 H visas available for FY 2010, which is what you would be filing for. the first day you can file is 180 days prior to the FY start date, so April 1, 2009 the case should be filed.
If you have a US masters degree, then you would qualify for the additional 20,000 visas under the 'master's cap."
most H's looking to file for COS for this year will be preparing to file on April 1, or sometime shortly after that. please research "H-1B cap" for detailed informaton about the last few years filings so you understand the timeline better.
I hope this was helfpul, if it was rate this answer! Good luck.