f1 opt to h1b change of status: follow these simple steps

8/12/2019 F1 OPT to H1B Change of Status: Follow These Simple Steps

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All About It.

F-1 OPT, H1Band Cap Gap:

Call: 1-202-787-1944 or Visit: www.VisaPro.com


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Plotting A RoadmapTo H1B Visa


.


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What is F-1 Visa?

F-1 Visa allows foreign nationals toenter the U.S. and pursue education.

A



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Am I eligible to work under F-1 status ?

Optional Practical Training (OPT) allows a foreign

student in valid F-1 status to accept employment in a

field directly related to his/her major field of study.

However you must have completed, or have beenpursuing a degree and maintained F-1 status generally

for at least 9 months or 2 semesters.

B



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How long can I work in USA under OPT?

OPT is usually granted for 12 months but you can get

a 17-month extension if the field of study is within

STEM (science, technology, engineering, mathematics).

C



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Apply for an

Employment AuthorizationDocument (EAD)

before starting employment.



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How can I work in the U.S. after my educationand OPT are exhausted?

H1B Visa is the ideal non-immigrant visa for foreignnationals with at least a bachelor's degree or equivalent.

It allows you to work temporarily in a 'specialty

occupation'.

D



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When can my employer file H1B petition?

An employer cannot file an H1B petition more than six

months in advance of the employment date. Hence, the

earliest an employer can file an H1B cap-subject petition

is April 1 st for employment starting no sooner than

October 1 st.

E



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a FREE Visa Eligibility tool.

Do you qualify for H1B Visa?



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Play By The

New Cap Gap Rules


.


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What is the H1B Cap?

There is an annual limit, referred as H1B Cap, on the

number of new H1B petitions that can be approved in a

year. The current H1B annual cap is 65,000. There are an

additional 20,000 H1 Bs available for those with a U.S.

Masters degree or higher.

A



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The H1B filing season beginsApril 1 st each year allowing

employers to file petitions for

foreign nationals to start work

in the U.S. under H1B status on

October 1 st of the samecalendar year.



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Can I use Cap Gap,

i.e. continue working after my OPT expires ?

F-1 students whose OPT expires after the H1B is filed

can continue working until September 30. Students withpending or approved H1B petitions can remain in F-1

status through October 1 or until the H1B petition is

approved, whichever comes later, regardless of the factthat their status and/or work authorization otherwise

expired. This is called bridging the gap.

B



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How does Cap Gap help me?

After the H1B change of status petition has been filed,

the automatic cap gap extension will begin and continue

until the H1B petition adjudication process has been

completed. If your H1B petition is approved, your

extension will continue through September 30 th .

C



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Who qualifies for a Cap Gap extension?

F-1 students who have H1B petitions timely filed on

their behalf during the H1B acceptance period, which

begins on April 1 st, qualify for a cap gap extension.

D



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Timely filed means that the H1B

petition was filed while the student's

authorized F-1 duration of status

(D/S) admission was still in effect

(including duration of the academic

course of study, any authorized

periods of post-completion OPT, andthe 60-day departure preparation

period known as the grace period).



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What if I do not qualify for Cap Gap?

You will need to leave the U.S., apply for an H1B visa at a

consular post abroad, and then seek readmission in H1B

status, for the dates reflected on the approved H1B

petition.

E


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If your petition is not selected,

you will have the 60-day grace

period from the date of therejection notice or the program

end date, whichever is later, to

prepare for and depart the U.S.



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Preparing For TheBig Day:

F-1 OPT to H-1BChange of Status


.

A


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To change status from OPT to H1B you

must find an employer willing to file an H1B

petition on your behalf.

A



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To beat the H1B Cap,

ensure timely filing of your

H1B petition.


B


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After your employer in the U.S. timely files

an H1B petition on your behalf you will begranted H1B status if the H1B petition is

approved.

B



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If you are on F-1 status and

your employer has filed the

H1B petition as a Change ofStatus, the earliest you may

start the approved H1B

employment is October 1 st.



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I Travel Because,I have to,

I Come Back BecauseI Am Under

Cap Gap Extension


.


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You may return to the U.S.

and resume employment after

a temporary absence only if you holdan unexpired EAD issued for post-completion OPT

or are in an approved course of study.



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If your EAD, covered under

a cap gap extension, has expired

and you happen to travel outside the U.S.

you will not be able to return in F-1 status.



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In this case, you will have to apply for an

H1B visa at a U.S. embassy or consulate

abroad. Also, you cannot enter the U.S.more than 10 days prior to the date

mentioned on the approved H1B petition.



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Summary



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F-1 students in a bachelor's, master's or doctoral

degree program may apply for work authorization(EAD) to engage in temporary employment or

OPT in a field directly related to their major area

of study.



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Employers must ensure that the H1B petitions are

filed while the F- 1 students authorized durationof status is still in effect in order to be eligible for

cap gap.



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Students leaving the U.S. during the cap gap extension may not be able to return to the U.S.before the start date mentioned in the petitionwithout obtaining an H1B visa at a U.S. consulateor embassy.



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Do you have a strategy to file your H1B petition on time?

We are offering a free H1B Filing Plan Consultation.

Schedule a free consultation with

VisaPro immigration attorney at:

www.visapro.com/h1b-cap/default.asp

http://www.visapro.com/h1b-cap/h1b-2015-predictions.asp


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About VisaPro



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Contact Us

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Suite 1000Washington, DC 20036

New York

520 White Plains RoadSuite 500

Tarrytown, NY 10591

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Los Angeles, CA 90015

Los Angeles

I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism and overall pleasantness made my job much easier. They assisted meevery step of the way in applying for an H1B Visa, I could not imagine gettingthrough this process without them. I would highly recommend VisaPro to anyoneapplying for a Visa. I would most definitely use VisaPro again

Beverly Brawer ,United States Luggage Company LLC


f1 opt to h1b change of status: follow these simple steps

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