F1 holder soon to be sponsored (H1B)

[mariattie 0]

Hi all!

It's my first time here on this website. I am currently holding a F1 visa, I graduated in May last year (not STEM degree), I studied a MA in translation and localization management. I currently work under an OPT status, which expires in July/2018. The company that I work at is going to sponsor my visa, but I still need to go through a lottery process, and people told me that now is even worse. I would really like to stay in the US, so I was wondering if any of you know another way to stay? If it's possible to extend my OPT? Anyone in the same situation as me?

 

Thank you!
Mariana

[ColoradoBeauty 79]

Unfortunately, it's not possible to extend your OPT. Hopefully, they pass the bill to increase the number of H1B visa and you have better chance, because of your master degree.

 

Another way to stay is for you to enroll in school / start another degree, but this will not let you work off-campus.

 

On a different note, do you happen to have a U.S. citizen or U.S. permanent resident significant other?

[mariattie 0]

4 minutes ago, ColoradoBeauty said:

Unfortunately, it's not possible to extend your OPT. Hopefully, they pass the bill to increase the number of H1B visa and you have better chance, because of your master degree.

 

Another way to stay is for you to enroll in school / start another degree, but this will not let you work off-campus.

 

On a different note, do you happen to have a U.S. citizen or U.S. permanent resident significant other?

Thank you for your reply, I really appreciate it!

Enrolling again would be too much, lol! And also I wouldn't have the money for it. Unfortunately I do not have a US permanent resident or a US citizen significant other...I guess I will have to rely on the H1B and hope that I am chosen!

[ttaz 2]

Finding a job in non-profit? You are exempt from H1B cap if you work for non-profit. 

 

[mariattie 0]

21 minutes ago, ttaz said:

Finding a job in non-profit? You are exempt from H1B cap if you work for non-profit. 

 

Oh what a coincidence! I actually know Arthur! He came to MIIS in California to give a lecture on visas lol! It was in 2015, so I don't remember much! I have just messaged him! Thank you!

[LorRie 37]

I've been through this exact situation and asked the exact same questions, as many others in this position have. First of all, you are very, very lucky to have a company that is willing to sponsor you - I did not have such luck with any of the companies I worked for during OPT - so you are one step ahead! Keep doing a great job at the company because not many companies are even willing to consider that. 

I went the route of enrolling in more schooling, but honestly, you are basically exchanging money for more time here. I do truly love it here, so I was willing (hesitant, but willing..LOL) to do that - and I did learn A LOT of stuff so it was not money down the drain. I got my master's degree too, so I am set with schooling! The extra time I had with friends here were also a plus! 

 

There is really no other way to extend the OPT aside for STEM majors, ugh, which I didn't have, or to get sponsored by your company, which you are getting this chance. Sure, it is a lottery system, but at least you do get a "ticket" for a chance in this lottery. I surely wish you the best of luck with the draw and hope you get it. 

Also, look in to applying for the diversity lottery visa that comes around every October/November. I applied for it every year I was here - I didn't get it, but at least it was a chance. I believe some countries are not eligible for this because they already have "enough" citizens from that country, but most countries are eligible! So do give that a look. (google 'diversity lottery' - make sure to look for official government website, as there are fraudulent websites asking for $ - the DV lottery is FREE, no payment to apply!)

Luckily for me, I met my soul mate / significant other who is a US citizen, so I am now happily married and living here. I have been blessed with that and I hope you get to stay, hopefully by getting the H1B. Good luck!

[mariattie 0]

4 minutes ago, LorRie said:

I've been through this exact situation and asked the exact same questions, as many others in this position have. First of all, you are very, very lucky to have a company that is willing to sponsor you - I did not have such luck with any of the companies I worked for during OPT - so you are one step ahead! Keep doing a great job at the company because not many companies are even willing to consider that. 

I went the route of enrolling in more schooling, but honestly, you are basically exchanging money for more time here. I do truly love it here, so I was willing (hesitant, but willing..LOL) to do that - and I did learn A LOT of stuff so it was not money down the drain. I got my master's degree too, so I am set with schooling! The extra time I had with friends here were also a plus! 

 

There is really no other way to extend the OPT aside for STEM majors, ugh, which I didn't have, or to get sponsored by your company, which you are getting this chance. Sure, it is a lottery system, but at least you do get a "ticket" for a chance in this lottery. I surely wish you the best of luck with the draw and hope you get it. 

Also, look in to applying for the diversity lottery visa that comes around every October/November. I applied for it every year I was here - I didn't get it, but at least it was a chance. I believe some countries are not eligible for this because they already have "enough" citizens from that country, but most countries are eligible! So do give that a look. (google 'diversity lottery' - make sure to look for official government website, as there are fraudulent websites asking for $ - the DV lottery is FREE, no payment to apply!)

Luckily for me, I met my soul mate / significant other who is a US citizen, so I am now happily married and living here. I have been blessed with that and I hope you get to stay, hopefully by getting the H1B. Good luck!

Awww, thank you dear! I hope I am chosen! I am hoping for that as I have no other option to stay...If I can't stay, I can go back to Brazil, work there for 1 year, and then come back with a L1 visa, which will be good too! But I definitely want to stay! I am so glad you found your soul mate!  It was meant to be!!

I have heard about the diversity lottery, but there are too many Brazilians here for me to try...lol! Unfortunately Brazil is not eligible anymore. Let's hope I do get selected in the lottery and stay here! Thank you for all positivity and thanks for replying too! I really appreciate it!

[jan22 3,053]

FYI, even if selected in the H1 lottery, you will need to leave the US at the end of your OPT, since you said it will expire in July.  You only have a 60 day grace period at the end of OPT to leave or change status.  You will not be able to begin H1 status until at least Oct. 1st, which will be more than 60 days from the end of your OPT.

[mariattie 0]

1 hour ago, jan22 said:

FYI, even if selected in the H1 lottery, you will need to leave the US at the end of your OPT, since you said it will expire in July.  You only have a 60 day grace period at the end of OPT to leave or change status.  You will not be able to begin H1 status until at least Oct. 1st, which will be more than 60 days from the end of your OPT.

Hi jan22, thanks for this information, I did not know about this! I will confirm with the company's lawyer tomorrow and then I will definitely plan accordingly. I was actually planning to go to Brazil anyway, since I have no idea when the result will come, so I need indeed to leave the US when my OPT ends.

[ColoradoBeauty 79]

Yes, definitely confirm with the lawyer. It's really nice to have a lawyer to ask. 

 

I think you should qualify for cap gap extension, which if chosen in the lottery, will let you work thru September 30 and H-1B will be valid on October 1. 

 

 "Once a timely filing requesting a change of status to H-1B on October 1 has been made, the automatic Cap-Gap extension will begin and will continue until the H-1B petition adjudication process has been completed. If the student’s H-1B petition is selected and approved, the student’s extension of status will continue through September 30"

 

https://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

 

 

[Boiler 45,486]

Marriage is the obvious route.

[Coco8 1,042]

6 hours ago, jan22 said:

FYI, even if selected in the H1 lottery, you will need to leave the US at the end of your OPT, since you said it will expire in July.  You only have a 60 day grace period at the end of OPT to leave or change status.  You will not be able to begin H1 status until at least Oct. 1st, which will be more than 60 days from the end of your OPT.

 

Not true. There is a "cap gap". If your case is selected your OPT automatically gets extended until the H1B starts on October. 

 

This only works when you get a H1B through a company, because there is a limit on the number of H1B. So there is no "cap gap" if you get an H1b through a university or non-profit because they can get as many H1B as possible and those H1Bs can start at any time.

Edited January 30, 2018 by Coco8

[jan22 3,053]

6 hours ago, Coco8 said:

 

Not true. There is a "cap gap". If your case is selected your OPT automatically gets extended until the H1B starts on October. 

 

This only works when you get a H1B through a company, because there is a limit on the number of H1B. So there is no "cap gap" if you get an H1b through a university or non-profit because they can get as many H1B as possible and those H1Bs can start at any time.

You're right -- the cap cap is automatic if everything is done properly. For example, the DSO must recommend the cap gap extension (should be routine for them to do this, but things can slip through the cracks), the company files all paperwork in a "timely manner", the petition is not withdrawn before October 1st, the company wants the beneficiary to continue working during the gap ( e.g., it is not a new position that is not budgeted for until the new fiscal year or 3rd quarter), etc.  Always better to be prepared for the worst, IMO....but then, people have told me I'm a pessimist!

Edited January 30, 2018 by jan22

[mariattie 0]

6 hours ago, Coco8 said:

 

Not true. There is a "cap gap". If your case is selected your OPT automatically gets extended until the H1B starts on October. 

 

This only works when you get a H1B through a company, because there is a limit on the number of H1B. So there is no "cap gap" if you get an H1b through a university or non-profit because they can get as many H1B as possible and those H1Bs can start at any time.

Ah, that's a relief! Ok, good! Now I just need to be selected lol! 

[Boiler 45,486]

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