H1-B about to be filed; might want to begin a PhD in 4 months.

[recentgrad123]

I am an international student who graduated with a master's from a US institute in December 2011, had an EAD start date in Feb 2012 (i.e OPT start date), and will start to work (shortly) in March 2012. The organization that I will work for intends to file for an H1-B visa for me in the month of April 2012.

I have also applied to PhD programs and will not know at the time of H1-B filing whether or not I will be attending a PhD program (it depends on which schools I get into). PhD programs will commence in August 2012 (i.e. 4 months after my H1-B is filed). My previous graduate school says that IF I am on OPT, they will transfer my SEVIS record a few days before I start at my new school, and I will continue to be on an F-1 visa.

I had a few queries regarding my situation. Specifically:

1. What happens if I decide to accept a PhD offer AFTER the company has filed for an H1-B? Will I need to quit the company immediately after an I-20 is issued (or only on the date of SEVIS record transfer)?

2. How long does it take for the H1-B visa to come through? If the H1-B has not come through, can I continue working till July 2012 on OPT and then do a SEVIS record transfer ?

3. If the H1-B does come through, will I need to go back to my country of origin and apply for an F-1 visa or can I do a change of status from within the US (I hear it takes up to 6 months)?

In case there is any additional information that I need to know, I'd be thankful if you could provide it.

Thanks in advance for your time. Sorry about not being more brief.

[recentgrad123]

Please help

I would really, really appreciate a response. To make the question more brief:

I am on an OPT. My company is filing for H1-B in October. If the H1-B is filed, how do I quit the company and join a PhD program on an F1 visa? Does the approval being done or being pending make a difference?

Thank you very much.

[kabkaba]

This whole plan will create status confusion for you. There is no easy way out of this. You can consult an experienced attorney to better understand your options.

It is very unethical of you to join the company and waste their H1 filing costs. Either inform your employer of your intentions to study or find another employer who is okay with a short term employment such as internship.

[recentgrad123]

Thanks for the reply, Kabkaba. I desperately hope to save the company money, and myself a great amount of confusion, by having the company not file for an H1-B. Unfortunately, the company might terminate my services if I provide additional information, and I am currently burdened by a significant amount of student debt, some of which I was hoping to get rid of. I have no clue how I would manage to service my interest/debt on a grad student's stipend

Also, is it possible to do an internship while I am on an OPT?

[kabkaba]

Also, is it possible to do an internship while I am on an OPT?
Yes, of course.

Check if they can file H1 as consular processing.

[recentgrad123]

Thanks

Thank you very much for the prompt reply; I appreciate it greatly and am seriously grateful!

If consular processing (premium processing, I am presuming) is done and the H1-B is approved, does it affect my SEVIS record transfer from old school to the new school (note: I will join the PhD program 2 months before the H1-B kicks in) ? Could the H1-B still kick in on 10/1/2012 even though I have quit the job and joined a PhD program?

Thanks once again! I appreciate the help -- greatly!

[kabkaba]

Thank you very much for the prompt reply; I appreciate it greatly and am seriously grateful!

If consular processing (premium processing, I am presuming) is done and the H1-B is approved, does it affect my SEVIS record transfer from old school to the new school (note: I will join the PhD program 2 months before the H1-B kicks in) ? Could the H1-B still kick in on 10/1/2012 even though I have quit the job and joined a PhD program?

Thanks once again! I appreciate the help -- greatly!

It will not affect. However because of an error in DHS systems, sometimes your SEVIS record still ends even when H1 is not approved with change of status. If that happens your school's DSO will have to initiate a SEVIS data fix.