F1 to H1 without OPT/Graduation

[meepy]

Hello everyone,

I'm new to this forum and the States and need some advice.

The case:

I have a BSc degree and a MSc from England and applied at a well known US university for another MSc and entered the States in August this year. I have almost 4 years of work experience in the same field as my first Maters. I do not need the second Master's that much and would rather get back to the industry asap.

The questions:

- Is it possible for me to get a H1 (is H1B the same?) visa without finishing my studies or getting an OPT (i.e. directly from F1 to H1)?
- Do I need to be employed by a company first and then the company can apply for H1? if this is the case does it mean the answer to the first question is negative? (as I cannot be employed while on F1)
- What's my best bet to get out of the university and work asap?

Your questions answered:
Why? I prefer to work full-time and study part-time
Location? DC

Your help is appreciated in advance.
-meepy

[shervin143]

- Is it possible for me to get a H1 (is H1B the same?) visa without finishing my studies or getting an OPT (i.e. directly from F1 to H1)?
>>> Possible. Check the below link to see if you qualify for an H1B based on your current qualification and experience.
https://www.immihelp.com/h1-visa-requirements/

- Do I need to be employed by a company first and then the company can apply for H1? if this is the case does it mean the answer to the first question is negative? (as I cannot be employed while on F1)
>>> You cannot work for any employer unless the employer files an H1B petition and the H1B petition gets approved as a COS (with a new I-94).

- What's my best bet to get out of the university and work asap?
>>> Find an employer who can file an H1B petition on your behalf before the CAP runs out. The petition can be filed as a premium processing which will get you a result within 15 days. Once the petition gets approved, you can work for the H1B sponsor as of the H1B effective date. The approval should come with a new I-94. If not, then you have to leave the country and return back in H1B visa and the newly approved petition.

[meepy]

Thanks for your prompt response Shervin. (btw, my name was supposed to be Shervin too)
I still have one question lingering in my mind though. My friends tell me companies cannot apply for the H1B visa unless I'm employed by the company, is this true?

Thanks,
meepy

[kabkaba]

That is not correct. In consulting type situations, most consultants will not file H1 unless they have a project in hand to show. But, one cannot work unless one has work authorization meaning EAD or H1/L1/Other status that allows work.

[meepy]

Thanks for the answer kabkaba. So let me clarify things for my better understanding.
I apply for jobs on while I'm on F1, if I get a job offer, and if the company was willing to employ me without going through a probation period, they can petition for my h1b visa without actually having me on board working for them on OPT at the time of petitioning for the visa?

[shervin143]

That is correct. Your OPT has nothing to do here. They will be filing the petition based on your previous qualification and not based on your current F1 that you are undergoing. Like mentioned earlier, you cannot work until the H1B gets approved with a new I-94.

Thanks for the answer kabkaba. So let me clarify things for my better understanding.
I apply for jobs on while I'm on F1, if I get a job offer, and if the company was willing to employ me without going through a probation period, they can petition for my h1b visa without actually having me on board working for them on OPT at the time of petitioning for the visa?