OPT to H1B?

[rangers_texas 2]

I am still waiting on my OPT, been over 3 months but hopefully I won't have too long to wait. My question is, after I get my OPT and get a job, can my employer file for a H1B while I am still on OPT?

[canadian_wife 1,822]

Yes

good luck

[newacct 688]

Yes, in fact, having the OPT employer apply for H1b is the typical way to do it. However, be aware that for cap-subject H1b (i.e. not school or non-profit), there is only a small window each year when you can apply for H1b before it runs out. Make sure not to miss it.

[rangers_texas 2]

Yes, in fact, having the OPT employer apply for H1b is the typical way to do it. However, be aware that for cap-subject H1b (i.e. not school or non-profit), there is only a small window each year when you can apply for H1b before it runs out. Make sure not to miss it.

How do I know when this window will be?

[newacct 688]

How do I know when this window will be?

Basically, it starts April 1 and lasts until the cap is reached (how long this is has varied from less than 1 day to 9 months, depending on the year).

[rangers_texas 2]

Basically, it starts April 1 and lasts until the cap is reached (how long this is has varied from less than 1 day to 9 months, depending on the year).

Wow,ok. So basically I need to get my papers in on April 1st to be safe?

[newacct 688]

Wow,ok. So basically I need to get my papers in on April 1st to be safe?

Well, it's not really you who applies for the H1b; it's your employer, so it depends on whether you can find an employer willing and ready to apply for you at that time.

Last year, it lasted until mid-June, but most people expect it to run out faster this year.

[rangers_texas 2]

Well, it's not really you who applies for the H1b; it's your employer, so it depends on whether you can find an employer willing and ready to apply for you at that time.

Last year, it lasted until mid-June, but most people expect it to run out faster this year.

Right, so if my employer is willing to it pretty much needs to be done right away.

[newacct 688]

Right, so if my employer is willing to it pretty much needs to be done right away.

Yes, unless your OPT is long enough (e.g. if you can get STEM extension) that you can afford to wait until a future year.

[rangers_texas 2]

Yes, unless your OPT is long enough (e.g. if you can get STEM extension) that you can afford to wait until a future year.

I'm not eligible for STEM so let's hope I can get the H1B!

Any other options after OPT?

[canadian_wife 1,822]

Where is your home country? Some countries, like Canada and Mexico, have special visa classificaitons

good luck

[rangers_texas 2]

Where is your home country? Some countries, like Canada and Mexico, have special visa classificaitons

good luck

My home country is the UK.

[LanaMay 5]

Employer has to advertise for the position first,it takes few weeks usually and then there is a 60 day waiting period for all applicants to be able to send in resumes,have interviews etc.Only then,assuming no one qualifies for position,paperwork can be submitted.So if your employer starts process immediately you may be able to file in May.

[rangers_texas 2]

Employer has to advertise for the position first,it takes few weeks usually and then there is a 60 day waiting period for all applicants to be able to send in resumes,have interviews etc.Only then,assuming no one qualifies for position,paperwork can be submitted.So if your employer starts process immediately you may be able to file in May.

But if i'm working there during my OPT how can the employer advertise if i'm already working there?

So how do you go about changing from an OPT to a H1B then???

[LanaMay 5]

But if i'm working there during my OPT how can the employer advertise if i'm already working there?

So how do you go about changing from an OPT to a H1B then???

You need a new VISA and in order to get it you go trough the process that is the same for everyone.It does not matter if you are in US or not.Your employer hires a lawyer, and have to finance the whole thing.Advertisement has to happen.

The worst thing is -you have no control over anything ,and really you do not have much to do with anything at all. It is not about you getting a VISA.It is about employer filling the position with best available candidate, and citizens will always have priority over you.At least in the eyes of US government.