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F1 (OPT) part time and H1B premium processing_reenter US

Discussion in 'College and University Staff' started by trprig, Jan 18, 2011.

  1. trprig

    trprig Junior Member

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    Hi,
    I am on F1 status which will expire on May 20,2011, enrolled in the University as part time student in the final semester. Alongwith that I have F1(OPT) EAD card started on January 3, 2011. I am eligible to work part time now and full time after May20,2011. My dependent spouse is on F2 visa with me in US. Meanwhile another University department will be applying for H1B for me & H4 for my wife under premium processing. Once approved, I will go to India, will get the H1B stamped and re-enter US. My wife has immigration petition, I-130 pending under US citizen's married daughter category.
    My concerns are:
    1. Will there be any problem in getting H1B and H4 visa, or having our visa stamp in India for us?
    2. Any issue in entering US after visa stamp?
    3. Do I need to apply for Adjustment of Status( AOS) with USCIS before leaving US?
    4. Can I re-enter US while AOS is pending with USCIS?
    5. Are there any other issues related to it.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    If you are eligible to apply for adjustment of status, then I strongly suggest that you do so. That will give you and your wife both employment authorization and a travel document. If not, then go ahead with the H1B. You will not encounter any difficulties with the H visa application as a result of your wife's immigrant visa petition.
     
  3. trprig

    trprig Junior Member

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    Thanks for the reply. As of now, I am not eligible for AOS. Once I have H1B, do I need to apply for change of status, form I-539 from F1 to H1 before leaving US. If yes, can I leave and re-enter US after visa stamping while Change of Status is pending? Or, can I apply for change of status after coming back to US.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    If you are eligible for a change of nonimmigrant status, then you may apply for it as part of the H1B petition process. You may leave while a COS application is pending, but it will be deemed abandoned automatically as soon as you leave. Don't ever leave the US with the intention of coming back in one category and then applying for COS to another. That constitutes fraud. Get the appropriate visa while you are abroad and use it to re-enter.
     
  5. trprig

    trprig Junior Member

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    Hi,

    I have part time work authorization on F1-OPT till May 20, 2011, which is my Master program graduation date. After that I can work full time once I graduate the Master program. As I am still a student on F1, completing my degree requirements:

    1. Can H1B petition be filled for me by my employer (University) under exempt quota based on Bachelors degree I have from India? Are there any complications?

    2. Can I accept the full time job offer and work part time i.e. 20 hrs/week (Employer is OK with it) until May 20, 2011 and then start working full time once I complete my degree. Can this be treated as illegal work?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    You can move over to a part time H1B based on your undergraduate degree. My question is, why would you want to do this? CPT/OPT is a much better way to go until you absolutely have to switch to H1B.
     
  7. trprig

    trprig Junior Member

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    Hi,
    Actually, I want to start ASAP and I need full time H1B to start. My employer needs me to join ASAP, whichever is the best way, or else the job will be given to someone else. On OPT, I am only eligible to do part time until May 20th. Hence, will there be any complications in applying for H1B before graduation date on the basis of my Bachelor's degree?
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    The big problem is that the H1B quota is full. The earliest you can start on H1B is October 1st. You are allowed to start full time OPT up to a month before classes end.
     
  9. trprig

    trprig Junior Member

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    Hey, its University hence out of quota. Moreover, my OPT start date was January 3, 2011. As per you, I can start working full time on OPT on April 21, 2011, i.e 1 month before the class end date? Do you have any link to USCIS documents which states this. I will really appreciate that. Thanks.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    It's in the regulations. If you are going to a cap exempt petitioner, however, you can file for an H right now.
     
  11. trprig

    trprig Junior Member

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    Thanks. As you said before that I am allowed to start full time OPT up to a month before classes end. This means that I can start working full time on OPT on April 21, 2011, i.e 1 month before the class end date? Do you have any link to USCIS documents which states this. I will really appreciate that.
    Please help me. In that case I will not go for H1B processing because now I may start early and will not have problem to join any other private firm in future on OPT or on H1B. Thanks.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    Let me be more precise, you may apply for OPT up to a month before graduation.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: F1 (OPT) part time and H1B premium processing_reenter US

    As long as the bachelor's degree is the equivalent of a U.S. bachelor's degree, the location where the degree was conferred is irrelevant.
     

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