Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).
My employer had applied for H1B this year and last year but had no luck.
Question and suggestion, please:
1) What are my legal options?
1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?
2) Enroll in university for the Master's degree?
2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.
2.2 Should I continue to apply for H1B in the meantime?
3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?
Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.
Lastly, my passport expires in May 2024 as well. Is there any problem there?
- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?
OPT can be applied at the next higher educational level. For instance, if your first OPT was based on a master's degree, you would need to pursue a higher level of education, such as a PhD, to apply for another OPT.
Regarding your passport expiration, it shouldn't be a significant issue. You have the option of expedited passport processing, which can help you get your passport renewed quickly. Overall, it should not cause major complications, and you should be fine.
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Discussion Topics:
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?
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.
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