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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. 

 

I have a specific question about building a startup in the US. I am currently on a STEM OPT (expires Sep, 2026), and am currently unemployed. My unemployment days (90 + 60) run out around April 30. I want to build a startup as a solo founder in the tech space, and go the O1A route.

My question is, can I start a company as a solo founder? What if I create a board to show employer-employee relationships? I am planning on raising money and also applying for grants as I build out the product and acquire users.

Alternatively, I am part of another company with two American cofounders (I have <40% equity), but we have no revenue as of yet. Can I leverage my involvement with that company to maintain legal status?

Answer: You can start a company as a solo founder and pursue an O-1A visa, but there's no guarantee of approval. While structuring your company with a board to show an employer-employee relationship might work for O-1A, it won't work for STEM OPT unless someone senior is supervising you. Involvement in another company with American co-founders and less than 40% equity doesn't directly help maintain legal status, except possibly for the O-1A visa or considering CPT.

 

My STEM OPT expires in October 2025 and my H1b has not picked in the lottery in the 3 attempts. I want to know what options do I have to continue working for my current employer? The most common option I have been recommended is Day1 CPT. I need to travel to India in November 2025 for my wedding and wanted to know what process should I follow getting a F1 stamp/ restamp under Day1 CPT. Also, are there any other options that I can use to continue working for existing employer and still be able to travel to India in November.

Main concern is F1 stamp/ restamp on Day1 CPT. What can I do on my end to ensure successful stamping? Or can should I travel to India now when I have valid STEM OPT to get a stamping under the current F1 status.

Another option I came across is Open Avenues, where I get a cap exempt H1B visa for part time job and I can continue my full time role alongside it. What are your thoughts on this option and what do stamping success rates look under this option?