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I am on OPT, which started on 19th February 2024. I joined my first job on OPT on 8th July 2024 and lost one attempt at the H1B lottery. I work for a research foundation, and they can sponsor me for an H1B-exempt visa. I have a degree in computer science, and I ultimately want to work in corporate America, which means I need to get an H1B cap-subject visa.

My question is whether I should get this H1B exempt visa through my current organization or if I should try to switch to a different company and use my remaining two attempts at the lottery. I ask this because once I get the H1B exempt visa and change my status from F1 to H1B, I won’t be able to switch to a for-profit organization and would be stuck in H1B exempt visa category. H1B-exempt visa jobs are less and pay less. And though the option of an H1B concurrent visa is there but I feel in reality, it will be challenging to get a company to allow me to work for another company due to NDA requirements and also allow part-time work. (But I would appreciate your advice on this since you must have had client experience.)

Can you advise me on how to get the H1B exempt visa now? Does it have any advantage, given I want to transition to a corporate company? What options will I have if I switch to a for-profit organization? Also, I am currently funded through a grant, and it has runway till July 2026.

I have seen people saying not to get an H1B exempt visa as you will be stuck in that category, but I also feel that any H1B visa will be better than F1.

FAQ Transcript

If you have the opportunity to get an H-1B cap-exempt visa through a research foundation, you should take it. Having cap-exempt H-1B status does not prevent you from continuing to apply for the regular H-1B lottery.

Additionally, you can hold both a cap-exempt and a cap-subject H-1B concurrently as long as you maintain your cap-exempt job. If you win the H-1B lottery through a for-profit employer, you can easily switch to a regular H-1B.

Taking the cap-exempt route ensures immediate work authorization and does not limit future opportunities. The idea that you’ll be "stuck" in cap-exempt status is incorrect.

Read more about H-1B cap exempt visa pros and cons

Can I delay using an H-1B visa to utilize the STEM extension period?

9 months ago By Chief Editor

Question details

I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?

FAQ Transcript

If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.

The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.

Read more about Can I delay using an H-1B visa to utilize the STEM extension period?

Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?

9 months ago By Chief Editor

Question details

I am on F1 OPT and working for a company. I have a few questions:

1. Am I eligible to volunteer with a nonprofit organization related to my field if the work involves event organization (webinar or In-person training)?

2. If I volunteer to review research papers or articles in my field, would that be considered permissible, or would it be classified as work?

FAQ Transcript

Yes, you can volunteer while on a temporary visa as long as you are not compensated in cash or kind.

For F-1 OPT, if the volunteer work is meant to count toward your OPT compliance, it must be at least 20 hours per week and related to your field of study. If it’s purely additional volunteer work (e.g., helping at events, reviewing research papers) and not counted for OPT compliance, there’s no issue, but check with your DSO.

However, you cannot volunteer for a for-profit company, as that could violate labor laws, though the violation would be on the company’s part, not yours.

Read more about Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?