QUESTION
Was working on H1B, lost job, got PhD admission. If I convert to F1, and if I get a job, say, within 2 months, what's the process to get back on H1B?
Asked on May 16th, 2016 on Immigration - Alaska
More details to this question:
Came to US for Masters in 2010- on F1 visa. Got hired in campus interview for a big company- they filed for my H1B I worked on OPT for 1 year. Work Started in Aug 2012, First H1B was approved in April 2013 and got activated from Oct 2013. Terrible times for oil industry- lost my job just before filing for a 3 yr H1B extension. will be employed till 06/14/2016. Have got PhD admission for Fall Semester 2016. Trying to look for full time job, if i don't get it, will apply for student visa before falling out of status by end of June 2016. If I end up getting a full time job, within a few months, how does H1B application process work? Can the new employer just file a 'change of employer' for my previous H1B (even though I will be on student visa). Or the application has be filed in April 2017 with other new H1B applications? If I get full time job, can I convert my PhD to part time? Also, can i start working on PhD OPT right away?
1 ANSWER
1. Be careful about seeking a change of status. Your change of status may not be approved leaving you in a precarious situation.
2. A new employer would need to file a new H-1B petition on your behalf. You will be cap exempt. The employer may be able to request a change of status or you will need to depart the United States and re-enter with a valid H-1B visa. It will depend upon your status at the time of filing.
3. You may study while on H-1B status. Whether you could switch to a part-time program will depend upon the school's policy.
4. Speak to the school's DSO regarding your eligibility for PhD OPT.
You can read more at http://myattorneyusa.com/work-visas.
Answered on May 16th, 2016 at 2:47 PM