F1 to H1B

[TimDuncan]

Hi,

I arrived in US on B2 Tourist Visa and got accepted in a University so I applied for change of status from B2 to F1. My request is still pending with USCIS. If I get accepted I plan(just like many international students) to search for a job here and find an employer who can sponsor H1B Visa. (and I didn't mention this in my cover letter to USCIS)
Here are my 2 questions
1. Do I need to attend certain amount of credit hours or semesters before an employer can apply for H1B for me or can they just apply after first few months ?
2. I have read up many articles regarding H1B but none of them states the process of having the status converted right from F1 to H1B (CPT or OPT are not available in my university). so can someone please let me know the process and how long will it take me(employer) to be in a position to apply for H4(My wife) ?

I'd appreciate any help in this regard :-)

[TimDuncan]

no answer

Guys ! no answer ???

[Nattybone]

Hello, Tim.

I am not sure what you have done is the best thing but here are a few thoughts:

a) B2 to F1 Change of Status (COS) - This COS is not viewed as very nicely by the USCIS folks, as it is different from the purpose of visit mentioned when entering the country. Many people still do this and are successful nevertheless. I hope, however, that you did not immediately upon entering US file for a COS as it comes across as a pre-meditated move.

b) OPT/CPT - OPT and CPT are part of the educational program allowing people to work. One of them is part of the academic program and the other kicks in upon completion of the academic program. Universities and programs have varying provisions for OPT/CPT which you need to check with your University.

c) Securing H1B - Draws for H1B are conducted every year beginning April. Should you get picked in the draw and there are no further obstacles like RFE (Request for Evidence) then you should be good to work on H1B in the month of October.

All this while, you need to maintain your legal status in USA - from B2 to F1 to OPT/CPT to H1B and, god willing, to Green Card.

I hope you get necessary help from sponsorship perspective and have a uneventful ride. Wishing you luck. Hope this helps.

Cheers,

Guys ! no answer ???

[TimDuncan]

questions regarding change of status

Hi Natty,

Thanks for the response.

a) I applied for the change of status after 5 months and 2 days of stay here (so before expiration of my visitor status and after I spent travelling across states for 5 months ). Sometimes I say to myself perhaps I waited for too long. Because it has been more than 2.5 months which is their standard processing time and USCIS officials are like robots on the phone, like reading from a script. Every time I call them they have the same answer.

b) I talked to college officials and they said that they do not offer CPT or OPT . Is that like mandatory for the colleges to offer ? Should I talk to them again ?

c) Are the H1B draws conducted once a year or twice a year ?

Thanks again.

[Nattybone]

Hello, Tim.

I am not deeply aware about US education system, but to my knowledge Universities have OPT/CPT (it is part of the curriculum). Could you do some more research here, please? I had tried for an MBA from ITU in San Jose, California and they have a CPT which one could avail right away upon start of academic program.

Here is something very crucial for you from visa perspective. It is good that you filed after 5 months of landing in USA. Now, the other side of this story is this: E.g.: Your I-94 was valid from 1 April 2014 to 31 October 2014 and you filed for COS to F1 on 1 September 2014. Now, if your academic program begins anytime after 30 November 2014 (more than 30 days after your I-94 expires) then your COS petition will be denied as you failed to maintain legal status in USA. As per F1 visa guidelines, one is allowed to enter USA 30 days prior to his/her academic program beginning, so this provision would have seen you through the 30 day period after your I-94 expiry. But, your academic program beginning any time beyond 30 days of your I-94 expiry will lead to denial of COS petition.

Now, you will accrue illegal stay on your record for this post I-94 period. When you enter USA next time, please carry this denial of petition document with you and show to the officer at the Port of Entry (POE) at US Airport.

As regards H1B draw, it is conducted once every year in April. Earlier, the quota used to get filled up on Day 1 itself, these days, it takes upto a week. All depends upon the economy and subsequent applications (65000 is the annual quota). When someone is picked in the draw (draw because applications outweigh vacancies) they are allowed to work from October of that year.

Normally, people work on OPT or CPT (i have forgotten which one comes after the program and which one is during the program) after their academic program and in this duration file for their H1B and then switch to H1B.

Unfortunately, in your case it seems highly unlikely that you will reach H1B stage. Because: i) Your college does not offer OPT/CPT, and ii) Most likely your COS petition for a switch from B2 to F1 will be denied.

I am sorry for not having good news for you. But, i am sharing this from my personal experience and trying to help.

I hope this helps you, my friend.

Wishing you luck.

Cheers,

Hi Natty,

Thanks for the response.

a) I applied for the change of status after 5 months and 2 days of stay here (so before expiration of my visitor status and after I spent travelling across states for 5 months ). Sometimes I say to myself perhaps I waited for too long. Because it has been more than 2.5 months which is their standard processing time and USCIS officials are like robots on the phone, like reading from a script. Every time I call them they have the same answer.

b) I talked to college officials and they said that they do not offer CPT or OPT . Is that like mandatory for the colleges to offer ? Should I talk to them again ?

c) Are the H1B draws conducted once a year or twice a year ?

Thanks again.