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Regards,
I would like to know the following. Is it possible to transit from F1 to H1 visa without finishing the OPT or CPT once you enter the USA with F1 ?
I have all requirements for H1 visa, and If I found the company can I change the visa status during my studies ?
Also I would like to continue my studies with H1 in that case. Is this possible ?
Please replay, and explain in more detail, I am unable to find right info for this question ?
Thank you in advance...
You may do so. You may also continue your studies. Remember, however, if you intend to ask your employer to sponsor your GC, you will be unable to use the degree earned while working for that employer as part of the GC qualification for EB2.
Thank you for the answer.
Why is so important that all earned degree should be part of the GC - EB2 ? For example I have already 2 bachelor degrees now and lets say if I transfer to H1 and continue my studies ( while working) and finish PhD under H1 that would not be a part of my GC Eb2. Furthermore, does that mean that I can not apply and work with that PhD degree in US once I get the GC ? In the other hand that degree should be acknowledge outside of US anyway ?
You must be qualified for the position for which the GC is filed at the time you begin employment except in a limited number of very specific situations where the GC position is significantly different than that for which you were hired. It is assumed that if you could gain the experience - or education - at the employer so could a US citizen who had been given the same opportunity.
You can, of course, use your additional education and experience at another employer.
If you need further clarification about how your employment and educational plans relate to a green card, you should consult an immigration attorney for a complete explanation based on your specific circumstances.
I appreciate your help. I have contacted some immigration attorney for consulting already. Furthermore, I am not sure that I have to hire attorney for the whole process of getting H1 first. Is it necessary to do so, and is it recommended ? Do I have significantly better chances with attorney ?
Only an employer can file for an H-1B for you. You may be asked to pay attorney's fees as that is one of the few an employer may pass along to the employee. Do not try to "buy" a visa by paying for a job. Your employer's choice of attorney may - but is not likely to - impact the H-1B filing success; most business immigration law specialists are very familiar with and competent in these filings. . Your employer should, however, use an attorney unless he has a large number of H-1B employees and a dedicated, trained staff familiar with the processing requirements. Some immigration issues can be DIY projects, but filing for a guest worker is a cost of doing business and needs to be done by experienced professionals for the best chance of success.
Your chance of obtaining a visa depends first on the job meeting the requirements and then you being qualified for the job.
Finally, it will be very difficult to complete the requirements for a PhD in a technical field while working full time. Be realistic about the chance of doing so.
Thank you again, for all. I am aware of the PhD requirements but according to my current situation I have to find a source of income. Furthermore,
this is the scenario : Employer is willing to file H1-B for me. But the company want me to start working permanently. Is this possible, or I have to wait until the approval of H1-B ? Just to remind you I am under the F1 now. Moreover how log does it usually takes until the approval of H1-B ?
Regards
You must have an approval notice and valid I-94 form for H-1B status in your hands before beginning work. Priority processing will have processing within 15 days of receipt; neither approval of H-1B nor change of status is guaranteed.
Ok. The more I explore about this the more I realize that this option of going directly from F1 to H1 is just a possibility that is not manageable in real word.
No employee is gonna do this because it is expense without guarantee of success. It's so disappointing now. Do you have any real word experience, should I give up on this after all ? I would appreciate your advice, because i have already put a lot of effort on this.
I really do not understand the problem. Employers are used to waiting for an employee to join. Legitimate employers plan for personnel additions or changes and would not expect a person joining their company to work without authorization. Any job seeker needs to realize there is a very small risk that something will happen during the job change that could impact their joining, but that is very small if the employer is a valid employer and not a fly-by-night consultancy.
You should not be having financial problems requiring you to stop your studies if you were honest at the time you obtained your F-1 and I-20 as you were to demonstrate funding before being granted entry.
Remember too that a degree from a US university does not guarantee you a job in the US. With the current unemployment of US citizens recently graduated from college, you will be lucky to find anything. Many are likely looking for jobs in your area of study. Some employers want to hire only student OPTs because they can pay them less and do not have to pay certain taxes. There are also employers is not going to be willing to provide a legal green card but may try to "sell" you one.