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Immigration Law Question: H1-B related question: H1-B about to be filed

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  • Immigration Law Question: H1-B related question: H1-B about to be filed

    I am an international student who graduated with a master's from a US institute in December 2011, had an EAD start date in Feb 2012 (i.e OPT start date), and will start to work (shortly) in March 2012. The organization that I will work for intends to file for an H1-B visa for me in the month of April 2012.

    I have also applied to PhD programs and will not know at the time of H1-B filing whether or not I will be attending a PhD program (it depends on which schools I get into). PhD programs will commence in August 2012 (i.e. 4 months after my H1-B is filed). My previous graduate school says that IF I am on OPT, they will transfer of your SEVIS record a few weeks before I start at my new school, and I will continue to be on an F-1 visa.

    I had a few queries regarding my situation. Specifically:

    1. What happens if I decide to accept a PhD offer AFTER the company has filed for an H1-B? Will I need to quit the company immediately after an I-20 is issued (or only on the date of SEVIS record transfer)?

    2. How long does it take for the H1-B visa to come through? If the H1-B has not come through, can I continue working till July 2012 on OPT and do a SEVIS record transfer then?

    3. If the H1-B does come through, will I need to go back to my country of origin and apply for an F-1 visa or can I do a change of status from within the US (I hear it takes up to 6 months)?

    In case there is any additional information that I need to know, I'd be thankful if you could provide it.

    Thanks in advance for your time. Sorry about not being more brief.

  • #2
    I am an international student who graduated with a master's from a US institute in December 2011, had an EAD start date in Feb 2012 (i.e OPT start date), and will start to work (shortly) in March 2012. The organization that I will work for intends to file for an H1-B visa for me in the month of April 2012.

    I have also applied to PhD programs and will not know at the time of H1-B filing whether or not I will be attending a PhD program (it depends on which schools I get into). PhD programs will commence in August 2012 (i.e. 4 months after my H1-B is filed). My previous graduate school says that IF I am on OPT, they will transfer of your SEVIS record a few weeks before I start at my new school, and I will continue to be on an F-1 visa.

    I had a few queries regarding my situation. Specifically:

    1. What happens if I decide to accept a PhD offer AFTER the company has filed for an H1-B? Will I need to quit the company immediately after an I-20 is issued (or only on the date of SEVIS record transfer)?

    2. How long does it take for the H1-B visa to come through? If the H1-B has not come through, can I continue working till July 2012 on OPT and do a SEVIS record transfer then?

    3. If the H1-B does come through, will I need to go back to my country of origin and apply for an F-1 visa or can I do a change of status from within the US (I hear it takes up to 6 months)?

    In case there is any additional information that I need to know, I'd be thankful if you could provide it.

    Thanks in advance for your time. Sorry about not being more brief.

    Comment


    • #3
      Please help! I would really, really appreciate a response. To make the question more brief:

      I am on an OPT. My company is filing for H1-B in October. If the H1-B is filed, how do I quit the company and join a PhD program on an F1 visa? Does the approval being done or being pending make a difference?

      Thank you very much.

      Comment


      • #4
        H1b is dual intent visa, F1 isn't.
        It's common to change from F1 to H1, however I haven't heard of the reverse. In theory it's possible to change status from H1 to F1, but for all practical purposes contact an immigration attorney in good standing.

        Comment


        • #5
          Thank you very much OldE2. I will not be on H1-B if/when I join the PhD program. Will the H1-B automatically be withdrawn if I quit the job and join the PhD program?

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by recentgrad123:
            Thank you very much OldE2. I will not be on H1-B if/when I join the PhD program. Will the H1-B automatically be withdrawn if I quit the job and join the PhD program? </div></BLOCKQUOTE>

            Why don't you ask the immigration attorney

            Comment


            • #7
              Hello, the latest ratings are not very positive, because only those large giants and companies are ready to get H-1B high approval ratings for 99% of the H-1B visas for PhD students that they request. There's also a chance to apply for J-1 or F-1 Visa instead.
              Read about the changes in:
              Settling for Academia? H-1B Visas and the Career Choices of International Students in the United States by Delia Furtado and Catalina Amuedo-Dorantes from https://dissertationwriter.org/ providing legal help to international students.

              Comment


              • #8
                Sodium Hypochlorite Price

                Comment

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