Getting From F1 to OPT to H1B Visa Status

The goal of most International students after they graduate is to remain in the USA to gain work experience relevent to their degree studies. The H1B visa program is designed for and made available to F1 students to achieve this goal. The USCIS even introduced a seperate H1B quota (allocation of H1B visas) for International students.

F1 students can transfer / change status directly from F1 to H1B by obtaining a suitable H1B sponsorship position with an H1B sponsor company. However, many students choose (or find themselves requiring) to use the OPT visa program as an interim measure in the overall process of getting to H1B visa status.

Regulations Relating to F-1/H-1B Cap-Gap as per USCIS:

What is the H-1B cap?

The cap is the congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year. For FY08, the cap is 65,000, with certain statutory cap exemptions.

What is the F-1/H-1B “cap-gap”?

Cap-gap occurs when an F-1 student’s status and work authorization expire in the current fiscal year before they can start their approved H-1B employment in the next fiscal year beginning on October 1. An F-1 student in a cap-gap situation would, in most cases, have to leave the United States and return at the time his or her H-1B status becomes effective at the beginning of the next fiscal year.   Depending on when the student’s status expires, such circumstances could require the student to remain outside the United States for several months.

How does cap-gap occur?

Under the prior regulation (and unchanged by this rule), an employer may not file, and USCIS may not accept, an H-1B petition submitted earlier than six months in advance of the date of actual need for the beneficiary’s services or training.

Getting from F1 to H1B TO GREEN CARD

Once the F1 student has changed his or her status to that of H1B, he or she may wish to adjust his or her status to that of lawful permanent resident, or green card holder. A green card can be obtained by sponsorship by the H1B visa holder’s employer, or another one. If the person wishes to apply for the green card, and the employer is willing to sponsor him or her, he or she should apply for the Labor Certification with the Department of Labor as soon as possible.

• Green Card processing through Labor Certification can take up to a few years to process.
• Reduction in Recruitment (“RIR”) is a process that can theoretically speed this process up; however, the reality since 9/11 is that the BCIS is approving less and less applications for RIR.

How to Register for SAP Certification Test?

Follow the Procedure in order to get User ID & register your SAP Certification Test.

• North America: Tel: +1 888 777 1727.
• Tell them you want to register as an independent student/consultant.
• They will also ask you your phone number and address.
• They will give this S id on the phone ( which is your permanent number)
• Create your Pearson VUE web account. Your S-user number from step a will be required on the third screen.
• Questions or problems regarding this step should be addressed to Pearson VUE Customer Service.
• Continue through the exam registration process.  

 Questions or problems regarding this step should be addressed to Pearson VUE Customer Service.

General OPT Requirements

General OPT Requirements:-

1. Employment must be “directly related” to the student’s major
2. Student must maintain lawful F-1 status
3. Student must apply for OPT before completion of all work towards a degree
4. Students who have engaged in 12 months or more of full-time Curricular Practical Training (CPT) are not eligible for OPT
5. OPT is permitted for up to 12 months full-time in total – part-time OPT (while still in school) reduces available full-time OPT by half of the amount of part-time work (for instance, if you work part time for 6 months, you can work full-time for up to 9 months)

Students can be authorized for 12 months of OPT for each successive level of degree achieved – for instance, you can do 12 months of OPT after receiving your undergraduate degree, go back to graduate school, and then do 12 months of OPT after receiving your graduate degree. Pre-completion OPT (students are still in school) and post-completion OPT (students have completed their degree) each have different rules:

 

OPT before completing a degree:• Students must be enrolled in school full-time
• Students may only work 20 hours per week while school is in session
• Students may work full-time during summer and other breaks (as long as the student will return to school after the break)
• Student may work full-time after completion of all coursework, if a thesis or dissertation is still required and student is making normal progress towards the degree.

OPT after completing a degree:
• After completion of your degree, OPT work must be full time (40 hours/week)
• All OPT must be completed within 14 months after completion of your degree
• Applications for post-completion OPT must be received by USCIS before the completion of the degree
One final note – be mindful of the travel regulations governing F-1 students on OPT. If you leave the country after completion of your degree, but before receiving your EAD and obtaining a job, you may not be readmitted. You can leave the country after completion of your degree if you have your EAD and a job, but make sure you bring everything that you’ll need to get back in (including valid passport, valid EAD card, valid F1 visa, all your I-20s with page 3 endorsed for travel by your international student advisor within the past 6 months, and a letter of employment, including dates of employment and salary).