OPT

OPT to H-1B

I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H-1B. My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country. Seven year experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology. Q1: I will have a gap of 3 months before April 1. How to maintain my status? Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?

A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

O-1B Extension and Authorized Period of Stay

I have been in the US for six years. First O-1B expired on Feb15, sent in application for the 2nd O-1B already in December. The itinerary wasn't sufficient, response due by April 26th, ready to send in the completed itinerary plus additional letters of intended employment. My household is in New York. I am still here. Am I illegal now? Is there a grace period?

As long as you had filed your extension application before expiration of the current status, you are not illegal as long as the case is pending. You are in

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Guestbook Entry for J S A, United States

Name: 
J S A
Nonimmigrant Visas: 
State: 
WI
Profession/Occupation: 
Country: 
United States
Comment: 
I had 20mins free talk with Mr.Khanna. I had so many questions cleared. Now i know where i stand.  He and his team is very professional and kind to me. Down to earth person. I really want to work with him in future. Thanks to you for this good service.

OPT - H4 - H1

I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions: 1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4? 2) How difficult it is for an employer file for H1 from H1 and what is the process? 3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?

1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

CPT, OPT, Unlawful Presence

As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT

I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Starting Business While on Student Visa

I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment

Substantial transcription for video: 

FAQ's

Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||

Other

Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending

Pages

Subscribe to OPT