working of OPT vs H1B visa

[Boiler 45,913]

I think you need to read up more on the process.

[canadian_wife 1,826]

Agreed! Read up on the process and your options.

Good luck

[andreean1987 0]

thanks...you mean read on my options once I will get H1?

[canadian_wife 1,826]

Read up on all your options, the OPT, the H1B, adjustment from H1B to green card, petitioning a spouse after green card has been issued

All of it.

Good luck

[Boiler 45,913]

Marrying a spouse before green card has been issued as well

[Vuvu zela 9]

H1-B visas do not require the beneficiary to be outside the US.

Also, it does not cost tens of thousands of dollars.

The difficulty is to get a company that's willing to navigate through the immigration system to prove that among the hundreds of US citizen and LPR they interviewed, you stuck out because you have the best skills for the job.

This is why they do hire immigration lawyers to do the job for them.

Unfortunately many companies are unwilling to spend money on immigration attorneys or to deal with immigration for that matter!

That's why your advisor is correct when he said that H-1B is a difficult route.

But it's not impossible since it appears that you are studying in a field with high demand!

Since you are currently in school, I would advice you to look for companies that are willing to sponsor you for H-1B right out of school.

If you are not successful, then you should go ahead and go the OPT route upon graduation. It would be the easiest option for you.

While on OPT, keep looking for companies that are willing to sponsor you.

Also, if eventually you are on H1-B, you can switch your H-1B from one company to another.

There is no restrictions(except maybe performing a skilled job), as long as your H1-B is still valid, and the new company is willing to take it over.

By the way, I read somewhere that OPT is only 12 months long and not 29!

This is not correct.

Although OPT is initially granted for 12 months for bachelor graduates (for master graduates, it's 24 months), it can be extended for another 17 months for graduates in STEM (science, technology, engineering and mathematics) fields.

Hope this helps!

Edited December 27, 2010 by Vuvu zela

[canadian_wife 1,826]

I did not mean to imply the visa costs tens of thousands of dollars, however, the man hours (especially the lawyers) will cost that much

And I said MY OPT was 12 months, not that all OPT visas were 12 months

Good luck

Edited December 27, 2010 by canadian_wife

[Boiler 45,913]

About 5 Grand seems the norm for legal fees.

[canadian_wife 1,826]

Really?!?! That surprises me actually

Huh! I stand corrected

[andreean1987 0]

it seems that there are not significant reasons OPT would be better than H1B if I would have a clear h1B sponsorship. Through this forum I learned that h1b it is just harder to get than OPT but not necessary worse to have if the plan is to immigrate. It might be easier to stay on OPt for a few month before h1b , 2-3 or a little longer until I find the best employer who is willing to sponsor. the problem I have is that I am very limited on the location I need to work and getting an H1b in other location is probably not a good idea if my from beggining is to transfer.

canadian_wife, did you get transferred after your OPT? during job interviewes did you tell them you have OPT or just you are work eligible? My attorney and advisor in school told me not to volunteer extra information if i am not asked by the employer at the interview

also, after how long on H1b can you get petitioned for green card? in other words is there a time you have to stay on h1b before green card petition by the company? Is there anyway I can petition myself for green card while on OPT? or it has to come from the employer solely

Thanks so much!!!

[Vuvu zela 9]

I did not mean to imply the visa costs tens of thousands of dollars, however, the man hours (especially the lawyers) will cost that much

And I said MY OPT was 12 months, not that all OPT visas were 12 months

Good luck

Thanks for clarification.

Have a good day!

[canadian_wife 1,826]

I told them I was work authorized, but when they run your SSN they know what your status is and how long you are work authorized. While you don't need to offer any more info, they will find out.

After my OPT my employer did not sponsor me for H1b, they were very open about it and I could not get sponsorship so I had to leave the US because of status was no longer valid

Once you have your H1B, you can get your green card after 5 years through employment sponsorship. OPT won't last long enough for sponsorship to happen off of OPT.

http://www.***removed***/greencard/employmentbasedimmigration/

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=24b0a6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=24b0a6c515083210VgnVCM100000082ca60aRCRD

Read the links on employment based green card

Good luck

[Boiler 45,913]

Your employer could apply the day you start work.

How long it takes depends on the category and its retrogression.

[Vuvu zela 9]

it seems that there are not significant reasons OPT would be better than H1B if I would have a clear h1B sponsorship. Through this forum I learned that h1b it is just harder to get than OPT but not necessary worse to have if the plan is to immigrate. It might be easier to stay on OPt for a few month before h1b , 2-3 or a little longer until I find the best employer who is willing to sponsor. the problem I have is that I am very limited on the location I need to work and getting an H1b in other location is probably not a good idea if my from beggining is to transfer.

canadian_wife, did you get transferred after your OPT? during job interviewes did you tell them you have OPT or just you are work eligible? My attorney and advisor in school told me not to volunteer extra information if i am not asked by the employer at the interview

also, after how long on H1b can you get petitioned for green card? in other words is there a time you have to stay on h1b before green card petition by the company? Is there anyway I can petition myself for green card while on OPT? or it has to come from the employer solely

Thanks so much!!!

Correct!

H1-B is significantly better than OPT for many reasons.

An obvious one is that it leads to LPR if your employer is willing to adjust your status.

But OPT is a good way to start toward that journey.

As mentioned before, you can transfer to another employer if you have a valid H1-B and the new company is willing to take it over (the latter is very important).

If your intentions are to transfer to another company, can you explain a little why the company you intend to transfer to, can't sponsor you right out of school ?

If they do not want to sponsor you right out of school because they don't want to deal with immigration process, I'm having a hard time seeing them taking over your initial H1-B visa, because they will have to deal with immigration sooner or later anyway.

What do you mean when you ask to Canadian wife: "did you get transferred on OPT ?"

You cannot transfer your OPT.

You can switch job while on OPT if you wish, but it is not transferable like an H1-B visa.

Here is something you may need to know...

While on OPT, if you lose your job you can do some volunteer work to maintain your legal status until your OPT time runs out and you have to look for other options to remain legal.

Whereas if you lose your job before you transfer your H1-B, you have to leave the country or remain here illegally unless you have a pending petition to adjust status.

As far as transferring your H1-B, it's up to you when you wanna do it.

Your employer cannot prevent you from doing it.

Tell a potential employer that you are eligible to work in the US.

If asked about the length of your OPT, tell the truth. (that's what I've always did)

Most likely they will always ask during the interview, since you are not LPR or a citizen.

But I know of some cases where HR personnel did not even bother asking.

[andreean1987 0]

thank you everyone for your support and advice...I am just a little overwhealmed by all these advantages and disadvantages

the reason why I would have to transfer the H1B and do not start the initial H1B with the Californian employer is because I would not be eligible for the H1b from day one. California requires a licensure to hire somebody and it takes me around 4-5 months to get that license to work in the state of california. what they told me is that they can hire me under an unlicensed position in the meantime and once the license comes in they can upgrade my position. the problem is that this unlicensed position is a high school level position under my field( lab assistant position vs clinical lab scientist position in which the posting says the school requiored in lab skills and high school...whereas I could get hired on OPT because it is directly related to my major of study- clinical laboratory- i do not qualify for h1b in the beggining until my license comes)

that is why i said i can't start my H1B with this California employer therefore my options would be: start on OPT with this California company on an unlicensed position or start under H1B with an out of state company and then trensfer this H1 to cali...however I am afraid they will say no to the transfer because I did not work for them, they do not knwo me and how I work

thanks