OPT FAQs

Can I do two STEM OPTs, one after bachelor's and the other after Master's degree?

Authored on: Thu, 11/03/2022 - 05:20

Question

I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?

Answer

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What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

Authored on: Tue, 09/20/2022 - 06:56

Question

What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S?

Answer

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PhD students and eligibility for EB-2 NIW and working on F-1 OPT

Authored on: Thu, 08/04/2022 - 04:01

Question

1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?
 

Answer

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Continuing work or reverting to STEM OPT during H-1B Change of Status

Authored on: Tue, 07/12/2022 - 03:45

Question

Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?

Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?

Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
 

Answer

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STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card

Authored on: Tue, 06/28/2022 - 03:15

Question

1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?

2. Can all my employers start my green process simultaneously?

3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?

4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?

5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
 

Answer

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While waiting for OPT approval, is "unpaid leave of absence" a violation of the student status?

Authored on: Fri, 06/17/2022 - 02:43

Question

Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?

Answer

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Extending or Renewing F-1 student visa risks and requirements

Authored on: Tue, 06/14/2022 - 02:41

Question

I have been in the U.S since 2017 and my F1 visa expires this month due to the 5 year validity period.

1. I graduate in December 2022, so is there any risk in renewing my visa this summer? Any chance of rejections?
2. What is the risk involved in renewing my F1 visa in another country besides my country of citizenship? I lived my whole life as a resident in another country without citizenship, but am no longer a resident there, so was wondering if renewing there is fine?
3. Is renewing an F1 visa necessary for OPT? I believe it's not necessary. Is renewing an F1 visa necessary to apply for H-1B and Green card?
 

Answer

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STEM OPT employment parameters, volunteering, part ownership, etc.

Authored on: Thu, 04/21/2022 - 05:21

Question

1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
 

Answer

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Relation between F-1 OPT and H-1B lottery change of status and changing employers

Authored on: Tue, 03/22/2022 - 06:44

Question

I am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate

1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?

2. Can Company A retract my H-1B if I leave them?

3. Being on F-1 can Company A start my green card if I win the H-1B lottery?

 

Answer

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Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

Authored on: Mon, 12/20/2021 - 09:15

Question

My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:

  1. Is there a time limit for getting the approved H-1B visa stamped?, and
  2. If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status?

Answer

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1. No.

2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing