OPT to H1B - how soon?

[iishlegend 1]

my OPT begins in Jun 2014, ends Jun 2015.

I found an employer that is interested in sponsoring a H1B.

USCIS says for Oct 1 2015 requested start date, I can begin filing from Apr 1 2015 for fiscal year 2015-2016.

What happens if I request for a Jun 2015 start date? Or even this year, Sep 2014, or Oct 2014 start date?

[Boiler 45,911]

The Employer/their Lawyer deal with the paperwork. You are not the one to file.

The year starts 1st October, the ones for 1st October 2014 have been allocated, there were twice as many applications as visas, so there was a lottery.

Probably the same will happen next year.

[Mollie09 1,543]

Your H1B needs to be filed on or after April 1, 2015 and your start date for H1B must be on or after October 1, 2015. Otherwise your petition will be denied.

However, since you are in OPT, you could take advantage of a cap-gap extension. Ask your employer's lawyer about that option and you should be fine.

http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations

Edited August 11, 2014 by F1H1I130

[iishlegend 1]

ah yes, i just realized that. the 2014 fiscal year have all been allocated.

I do have other visa options as well, specifically the H1B1 and E2. I have read the requirements thoroughly.

My other questions are:

1. When can I file these 2 options? Is it available all year round?

2. Can I file E2, H1B1 and H1b concurrently? or just E2 and H1B?

And I understand that my mail has to reach USCIS on Apr 1 to be considered "filed", right?

[Boiler 45,911]

Can not say I have come across anybody eligible for the H1B1, but it would follow a similar process as the H1b. Certainly gives your Employer another option.

E2, is that as an Investor or Employer.

[umeranyth 0]

ah yes, i just realized that. the 2014 fiscal year have all been allocated.

I do have other visa options as well, specifically the H1B1 and E2. I have read the requirements thoroughly.

My other questions are:

1. When can I file these 2 options? Is it available all year round?

2. Can I file E2, H1B1 and H1b concurrently? or just E2 and H1B?

And I understand that my mail has to reach USCIS on Apr 1 to be considered "filed", right?

hey iishlegend,

1. You can file anytime of the year for H1B1, as long as there are available visa numbers (which I'm assuming there will be, so not to worry). You won't be filing for an E2, because it's not a temporary work visa that you'd be eligible for. It is an Investor's visa. Someone can correct me if I'm wrong on these two things.

2.) Again, you won't be filing for an E2. You need to own at least 50% of the company to apply for an E2. Please refer: http://travel.state.gov/content/visas/english/employment/treaty.html

As for your original question, OPT -> H1B … cap-gap extension (which a previous poster mentioned). It shouldn't be a problem as a lot of students have done it while transferring over to an H1B. Of course you should discuss this with your company's attorney.

This is just my opinion but I think you should definitely keep the H1B1 in mind. With a recovering economy, we're probably looking at another lottery situation next year. It's good that you have that H1B1 option, at least. However, do remember that the H1B1 is not a dual-intent visa. So if you're planning to file for LPR in the future, better keep that in mind.

Again, this is my opinion and I'd suggest you consult an attorney to discuss your options! Best of luck!

Edited August 12, 2014 by umeranyth

[iishlegend 1]

hey iishlegend,

1. You can file anytime of the year for H1B1, as long as there are available visa numbers (which I'm assuming there will be, so not to worry). You won't be filing for an E2, because it's not a temporary work visa that you'd be eligible for. It is an Investor's visa. Someone can correct me if I'm wrong on these two things.

2.) Again, you won't be filing for an E2. You need to own at least 50% of the company to apply for an E2. Please refer: http://travel.state.gov/content/visas/english/employment/treaty.html

As for your original question, OPT -> H1B … cap-gap extension (which a previous poster mentioned). It shouldn't be a problem as a lot of students have done it while transferring over to an H1B. Of course you should discuss this with your company's attorney.

This is just my opinion but I think you should definitely keep the H1B1 in mind. With a recovering economy, we're probably looking at another lottery situation next year. It's good that you have that H1B1 option, at least. However, do remember that the H1B1 is not a dual-intent visa. So if you're planning to file for LPR in the future, better keep that in mind.

Again, this is my opinion and I'd suggest you consult an attorney to discuss your options! Best of luck!

Hi umeranyth, thank you very much for your detailed reply. Your responses have confirmed what I have been reading up so far. As I may unsuccessful for a H1B, filing H1B1 is my next option, but that means I must demonstrate that I have no intention of staying in the US, which is difficult because I am interested in purchasing things here for the long term (more than 1 year). Btw, what is LPR?

I have gone as far as to consider creating a startup, source for partners, hire workers, lease office space and inject capital. One idea is to provide consulting services to my potential H1B employer as a contractor. I was wondering if applying for an E2 using this route is viable, and if anyone can share their experience?

Edited August 12, 2014 by iishlegend

[umeranyth 0]

Hi umeranyth, thank you very much for your detailed reply. Your responses have confirmed what I have been reading up so far. As I may unsuccessful for a H1B, filing H1B1 is my next option, but that means I must demonstrate that I have no intention of staying in the US, which is difficult because I am interested in purchasing things here for the long term (more than 1 year). Btw, what is LPR?

I have gone as far as to consider creating a startup, source for partners, hire workers, lease office space and inject capital. One idea is to provide consulting services to my potential H1B employer as a contractor. I was wondering if applying for an E2 using this route is viable, and if anyone can share their experience?

No problem, I hope my reply helped in ways ... although it'd be prudent of you to speak to an attorney still for this is just my opinion

LPR = Lawful Permanent Residence. If you're in the US already, then there is no need for you to worry about demonstrating strong ties to your home country. This is because you're not applying for a visa ... you'll be changing statuses instead within the US (from F-1 to H1B1). Let me break it down a little better: there is a difference between obtaining a visa/stamp and obtaining a status.

A visa/stamp is only relevant if you're trying to enter the US; the visa stamp is that fancy sticker on your passport in which the Visa Officer at the consulate will grill you about strong home ties before either giving or denying you that fancy sticker on your passport.

A status is more relevant as it specifies how you are legally able to be present in this country. This is what your I-20 is for.

For example: the F-1 visa stamp in your passport allows you to enter the US. But what proves your status? Your SEVIS I-20. In fact, you can only get your F-1 Visa if you have a valid I-20 which goes to show you how status dictates whether you'll get a visa stamp.

So to tie all of this together, if you successfully change your status from F-1 to H1B1, you'll receive a I-797 Notice of Action telling you that your petition as been approved. That I-797 form (like your I-20) is very important as you'll need it to get a visa stamp. In fact, I can't stress enough how important it is because it's basically your main proof that you're here legally as a temporary worker, and not as an illegal alien. Now the question is, do you need a visa stamp? Only if you plan on leaving and re-entering the US. *That's* when you will have to go to the consulate to get a visa stamp and have the ensuing officer ask you to demonstrate strong home ties.

I hope that makes it clearer for you on whether you'll be able to purchase things on a longer term Also, H1B1 is renewable every 18 months indefinitely, from what I hear.

As for the E-2, I'm definitely not the person to ask. But is it worth spending all that time, energy, and capital to work for your employer? Only you know the answer to that!

As always, this is just my opinion ... it's best to consult an attorney! Best of luck and let us know what happens!

[iishlegend 1]

No problem, I hope my reply helped in ways ... although it'd be prudent of you to speak to an attorney still for this is just my opinion

LPR = Lawful Permanent Residence. If you're in the US already, then there is no need for you to worry about demonstrating strong ties to your home country. This is because you're not applying for a visa ... you'll be changing statuses instead within the US (from F-1 to H1B1). Let me break it down a little better: there is a difference between obtaining a visa/stamp and obtaining a status.

A visa/stamp is only relevant if you're trying to enter the US; the visa stamp is that fancy sticker on your passport in which the Visa Officer at the consulate will grill you about strong home ties before either giving or denying you that fancy sticker on your passport.

A status is more relevant as it specifies how you are legally able to be present in this country. This is what your I-20 is for.

For example: the F-1 visa stamp in your passport allows you to enter the US. But what proves your status? Your SEVIS I-20. In fact, you can only get your F-1 Visa if you have a valid I-20 which goes to show you how status dictates whether you'll get a visa stamp.

So to tie all of this together, if you successfully change your status from F-1 to H1B1, you'll receive a I-797 Notice of Action telling you that your petition as been approved. That I-797 form (like your I-20) is very important as you'll need it to get a visa stamp. In fact, I can't stress enough how important it is because it's basically your main proof that you're here legally as a temporary worker, and not as an illegal alien. Now the question is, do you need a visa stamp? Only if you plan on leaving and re-entering the US. *That's* when you will have to go to the consulate to get a visa stamp and have the ensuing officer ask you to demonstrate strong home ties.

I hope that makes it clearer for you on whether you'll be able to purchase things on a longer term Also, H1B1 is renewable every 18 months indefinitely, from what I hear.

As for the E-2, I'm definitely not the person to ask. But is it worth spending all that time, energy, and capital to work for your employer? Only you know the answer to that!

As always, this is just my opinion ... it's best to consult an attorney! Best of luck and let us know what happens!

ah, makes sense now, thank you. and congratulations on your green card!