How to go from Optional Practical Training ( OPT) To Work Visa H-1B | Ben Analyst

http://sfbatraining.com/ From F1 to OPT to H1B Visa Status The goal of most International students after they graduate is to remain in the USA to gain work experience relevent to their degree studies. The H1B visa program is designed for and made available to F1 students to achieve this goal. The USCIS even introduced a seperate H1B quota (allocation of H1B visas) for International students. F1 students can transfer / change status directly from F1 to H1B by obtaining a suitable H1B sponsorship position with an H1B sponsor company. However, many students choose (or find themselves requiring) to use the OPT visa program as an interim measure in the overall process of getting to H1B visa status.  The H1B visa confers temporary worker status on the person who holds the visa. This visa is used to hire a foreign national who is a professional for a temporary period of time. H1B positions often appear at institutions of higher learning, but can be offered by any employer who needs the services of a person in a specialty occupation who holds at least a four-year degree or the equivalent in experience. Generally, three years of experience is equivalent to one year of education. H1B status is initially granted for a maximum period of three years, but it can be extended for up to six years. This six-year maximum remains in effect no matter how many employers the foreign national has over this time period. ~ An H1B visa holder may also work part time. The important thing for the H1B applicant to show is that the employee will be earning the ‘prevailing wage’ for that position in that geographic location. Prevailing wage varies by geographic location and is determined by the county where the H1B worker will be working. Once the H1B visa is approved, the person can only work for the position stated on the H1B petition. If the person wishes to change employers, the new employer must file a new petition. An applicant may begin working for a new employer as soon as the new employer has filed their petition and subsequently received the official receipt from the USCIS. Since the H1B status is employment based, this status will immediately end if the employment is terminated. If the alien changes employers, the new employer must file, and the BCIS must have received, the new petition before the date of termination of employment. If the alien is unable to procure employment before termination, he must return to his or her country of origin. The original employer is obliged to pay the alien’s airfare back to his or her country, but this provision will not be enforced by the BCIS. This is considered a contract matter between the alien and the now former employer. Once a student finds an employer willing to sponsor him/her for an H1B visa, the petition can be filed. The USCIS offers expedited processing, known as Premium Processing for H1B cases. The USCIS guarantees review of the cases submitted within 15 calendar days of receipt of the application. This Premium Processing costs an additional $1000 in addition to the already steep filing fees of $1130, but it is in the person’s best interests to pay this extra fee. Without Premium Processing, adjudication of the application could take anywhere from six months to three years.

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