OPT

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

Recording for June 06, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again

Recording for April 25, 2024 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs:
1) H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
2) Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending, or approved
3) What is Cap Gap extension? How does it work?
4)Is it COS to change from cap-exempt H-1B to cap H-1B?

April 13, 2024, Rajiv in QnA session on behalf of students, young professionals

Immigration.com

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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney

The path for an entrepreneur from STEM OPT or H-1B

Question details

I'm on F-1 OPT with a STEM MS Degree. If I put a startup, I will be performing my roles directly related to the degree.

1) To establish employer-employee relations would having a board of directors be sufficient during STEM OPT?

2) If I apply for EB2-NIW and get I-140 approval then can I immediately shift to other non-tech roles within my startup (CTO -> CEO) Or do I have to wait for 6 months before doing that, all the while when I-485 is pending?

3) If I shift immediately and use I-485 EAD instead of F-1 EAD, then can that lead to I-485 being rejected?

Should I wait at least 6 months before using I-485 EAD? Also, if the startup fails, does that discontinue my I-485 process having approved I-140?

 

Video URL
FAQ Transcript

There are various visa options for entrepreneurs both inside and outside the USA, between non-immigrant and immigrant visas. Non-immigrant options include B-1 for temporary business visits, the International Entrepreneur Rule for temporary parole, and treaty visas like E-1 and E-2. Immigrant visa options include EB-1 for exceptionally qualified individuals, EB-2 National Interest Waiver (NIW) for those impacting US interests, and EB-5 for investors. Overall, EB-2 NIW offers flexibility in job changes within the same field and may lead to a green card without being tied to a specific job or employer.