F1 Visa change of status

[Mdiop 1]

Hello,

I’m on OPT through F1 Visa. My work permit will expire in August but my employer would like for me to stay and keep working for them. They will literally be my sponsor. What’s the best option for me to get a work visa? Do I need to apply for a change of status?

[SusieQQQ 11,586]

Well... they will have to “literally be your sponsor”, for the work visa. They apply for it, not you. What type of work visa does their lawyer say will best suit your circumstance with them? 

[Mdiop 1]

Thanks for your answer! I haven’t started the process yet. I wanted to get a couple information because my sponsor is not sure about the process either

[designguy 1,179]

H1-B lottery is done for this year. Employment based Green cards are going to take way longer than August to process. 

 

What kind of position is it for?

 

Most common visa options:

H1-B - Done for the year

O1 - Probably dont qualify as you are just graduating

EB - Will take at least 6 months+ to be approved if you qualify.

 

Keep in mind that premium processing is suspend so there is no way to expedite anything. To be honest I dont see that you will be able to stay here after your OPT expires if you are relying on employment sponsorship. You might need to leave and have an employer sponsor you for EB or the next H1-B cycle and return.

 

 

Edited April 29, 2020 by designguy

[Mdiop 1]

@designguy Thanks for your answer The job is a coaching job as well as working in the International Student Office. I already graduated last year and was a graduate assistant, which means I was a coach while working on my Master’s Degree.
When is the next H1B cycle?

Can I ask for an extension on my work permit?

[Mdiop 1]

@SusieQQQ Thanks for your answer! I haven’t started the process yet. I wanted to get a couple information because my sponsor is not sure about the process either

[designguy 1,179]

8 minutes ago, Mdiop said:

@designguy Thanks for your answer The job is a coaching job as well as working in the International Student Office. I already graduated last year and was a graduate assistant, which means I was a coach while working on my Master’s Degree.
When is the next H1B cycle?

Can I ask for an extension on my work permit?

Next H1-B would be applying in March/April 2021 to get the visa in October 2021.

 

AFAIK there is no extension possible on OPT

 

Also H1-B and most non immigrant work visas are tied to a specific employer. You cant "Coach" and also work in the International Student Office ( <--- Also why are you the one doing research, they should be well versed in the requirements)

Edited April 29, 2020 by designguy

[geowrian 22,337]

I get that you are doing the research beforehand, but this is something really best handled by their immigration attorney. They are required to do that part of the legwork (along with cover the costs for it). It's generally not a DIY process. Your side of the process comes in afterwards.

Edited April 29, 2020 by geowrian

[SusieQQQ 11,586]

2 minutes ago, geowrian said:

I get that you are doing the research beforehand, but this is something really best handled by their immigration attorney. They are required to do that part of the legwork (along with cover the costs for it). It's generally not a DIY process. Your side of the process comes in afterwards.

This. Your sponsor really needs to get a lawyer onboard if they are not sure about the process. Bear in mind that if they mess anything up and you go out of status as a result, that’s an overstay on your record that can cause all sorts of problems for you.

[SusieQQQ 11,586]

11 minutes ago, Mdiop said:

@designguy Thanks for your answer The job is a coaching job as well as working in the International Student Office. I already graduated last year and was a graduate assistant, which means I was a coach while working on my Master’s Degree.
When is the next H1B cycle?

Can I ask for an extension on my work permit?

This sounds like you are maybe working for a university, but I can’t see why a university would not know the process. What kind of institution is your employer?

Some university and other positions are exempt from the cap on H1 visas but I don’t know if this one would be. If it’s cap-exempt you are not part of the lottery and can be petitioned at any time. But if your job fitted this bill I suspect your employer would know exactly what to do and would have done so often...?

Edited April 29, 2020 by SusieQQQ

[Mdiop 1]

@SusieQQQ @geowrian @designguy Thank you all for your responses. I truly appreciate it. Stay blessed!!!!

[Mdiop 1]

4 minutes ago, SusieQQQ said:

This sounds like you are maybe working for a university, but I can’t see why a university would not know the process. What kind of institution is your employer?

Some university and other positions are exempt from the cap on H1 visas but I don’t know if this one would be. If it’s cap-exempt you are not part of the lottery and can be petitioned at any time. But if your job fitted this bill I suspect your employer would know exactly what to do and would have done so often...?

They’re not used to this because most of the international students that were here on OPT ended up leaving right when their work permit expired. But I will discuss this with them. Thanks so much for your help!

[oliverintheusa 0]

If your university is not well-versed in the system, you should start checking other universities' resources, so you can inform your university, and make sure they provide you with immigration attorney support.

 

Eg. from UMN, https://isss.umn.edu/H1BEmployment/eligibility.html You can peruse this site to get a good idea of what to expect.

[Just Paul 4,594]

On 4/29/2020 at 4:52 PM, Mdiop said:

They’re not used to this because most of the international students that were here on OPT ended up leaving right when their work permit expired. But I will discuss this with them. Thanks so much for your help!

I school I worked with did have a few coaches with J-1 and P visas.   Unfortunately timing isn't on you side and have to interview in your home country.