Curricular Practical Training CPT
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.
F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?
Question details
1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?
2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?
3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?
4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.
FAQ Transcript
1. As long as you have your OPT you can work for any employer.
2. No.
3. Absolutely you can.
4.Yes, absolutely you can.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
OPT to H-1B
Question details
I am currently on my Post-completion OPT. I was recently hired as an IT by a company which agreed to sponsor my H-1B. My OPT expires on January 2013. I've done my Associate Degree in Computer Science. Also, I have BS in Computer Science but from foreign country. Seven year experience in IT.I had my BS evaluated recently. It is equivalent to US Bachelors Degree in Computer Science Computer Technology.
Q1: I will have a gap of 3 months before April 1. How to maintain my status?
Q2: I am under STEM not with my US AAS but with my foreign BS degree. Can I extend my OPT with my evaluated diploma?
A1. You can consider going back to school or B-1/B-2 status. There is information on our blog on B-1/B-2 to maintain status.
Cap-Gap Rule for F-1 OPT and H-1B Cap Filer
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
O-1B Extension and Authorized Period of Stay
Question details
I have been in the US for six years. First O-1B expired on Feb15, sent in application for the 2nd O-1B already in December. The itinerary wasn't sufficient, response due by April 26th, ready to send in the completed itinerary plus additional letters of intended employment. My household is in New York. I am still here. Am I illegal now? Is there a grace period?
As long as you had filed your extension application before expiration of the current status, you are not illegal as long as the case is pending. You are in
Guestbook Entry for J S A, United States
Name
J S A
Country
United States
State
WI
OPT - H4 - H1
Question details
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?
1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.
I had 20mins free talk with Mr.Khanna. I had so many questions cleared. Now i know where i stand. He and his team is very professional and kind to me. Down to earth person. I really want to work with him in future. Thanks to you for this good service.