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lonestarbrah

H1B/OPT question

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Filed: Country: United Kingdom
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I am reading on wikipedia about the differences between OPT and come across this:

"

  • Relation to program of study: The employment under OPT is restricted to employment that is related to the program of study. On the other hand, employment under H-1B need not be related to any particular program of study"

I thought that, to get a H1B visa, you need to prove that you are degree educated and your specific 4 year degree education has to be directly related towards your job position? True or not true? Because wikipedia is claiming that this is not true.

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Filed: K-1 Visa Country: Wales
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Two different issues, OPT is related to F1.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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  • 3 weeks later...

Not True. Your H1B job is related to what knowledge or experience you have relative to the position. Usually you should have a 4 year degree but it isn't necessary that the degree be related to your position, just knowledge that you have gained through either coursework or work experience needs to be related to your position. Having a degree in the field makes it a lot easier to convince USCIS that you indeed can do that job. Which is why not only must you provide your degree but also your transcripts of all your coursework and also your work experience and resume when you send your paperwork for an H1B to prove that you indeed have the knowledge and skills to do the job.

On the other hand OPT is restricted to a job that specifically just asks for your field of study for which you came to the States on F1 for. For example, if you just got your MBA, you need to find a position that specifically requires an MBA in order to use the OPT legally. Even if your undergrad was in Computer science and a tech position was opened to you, you can't take it while on OPT but you could when on H1.

All H1B work has to be paid by the sponsoring company. OPT can be unpaid work of at least 20 hours per week but has to be in your field of study. You can also have multiple employers. Usually there is very little oversight on OPT until you apply for H1B. Thats when USCIS checks to see that you met the terms and condition of the OPT to award you the H1.

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