[roobes72]

HI,

I arrived in the States in 2005 on an L1 intracompany transfer VISA from or executive of the firm and it was difficult to prove that I was. I was also set back by an untimely lay off in 2008. The company would not continue my green card process so it was not continued. I then embarked on an Applied Science Degree in Animation and Visual Effects. It is a 4 year degree packed into 2.5 years and I graduate August 2010. My F1 visa expires 2013. I am eligible for the 1 year work option following my degree. My question is this, I would like to be well on the way to gaining residency here in the US and want to know how easy it will be for me to transfer my F1 to an H1 and how I go about doing it. Also what is the best route to me gaining a green card.
In hope RoobesUK

[DCcityboy]

Will need a lot more information to advise you properly.

You will need to find an H-1B petitioner to file the H for you. Please note the timing is important for your case. You graduate 08/2010 and you will get one year OPT to 08/2011? You may need to time your filing to avoid the "gap" from the end of your OPT to the start of the fiscal year, October 1, which is when the H visa allocation starts.

You need to consult with an experienced immigration attorney regarding the filing timeline.

If the position you will be filing for requires the degree you are getting 08/2010, you will be a classic cap gap case. Any way for you to extend your degree prorgam by a semester? It will help with the gap or see if the employer is E-verify enrolled and you will get a longer OPT period to cover the gap.

If this was helpful, rate this answer! Thanks and good luck.

[DCcityboy]

correction: final regs are out regarding extension of OPT to cover until October 1 (start of the FY visa allocation) if you are selected for the H-1B allocation. This effectively fixes the cap gap problem.

Hope this was helpful.