If you are an M-1 student, your prospective employer may petition H-1B status on your behalf if your employment does not relate to your M-1 program of study. An F-1 student’s current or prospective employer may petition USCIS for H-1B status on their behalf by filing Form I-129, “Petition for a Nonimmigrant Worker.” International Students and H-1B StatusĮach year, some F-1 students seek to switch nonimmigrant classification from F-1 student status to H-1B temporary employment status after completing a program of study or post-completion optional practical training (OPT). This means that once USCIS reaches the cap in one fiscal year, employers must wait until April 1, which is six months before the start of the next fiscal year, before filing H-1B petitions again. Regulations prohibit employers from filing H-1B petitions until six months before the date of actual need for the employee. For more information on the H-1B cap, visit USCIS’s H-1B Fiscal Year (FY) 2018 Cap Season page. For purposes of the cap, each fiscal year begins on Oct. There is a limit, or “cap,” on the number of individuals who can receive H-1B status every fiscal year. An employer may petition United States Citizenship and Immigration Services (USCIS) for H-1B status on behalf of an employee/prospective employee if the candidate holds “theoretical or technical expertise in specialized fields." USCIS is the government agency responsible for adjudicating H-1B petitions and granting H-1B status. Thank you in advance.The H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. My case and description may be wordy, but I do need your help and advice. My question is how can I maximize my benefits in the transition period (assuming I will receive the official H1B VISA by Oct 1st). I hope I could register as fewer credits as possible but legally work for my sponsor to compensate for the living expense. There is no confliction between H1B VISA and part-time student (It could be either self-supported or company sponsorship.). I do investigate the possibility of doing a part-time Ph.D. Can I register 2 or 3 credits CPT course in this upcoming fall as a part-time student and work for my sponsor again while maintaining my legal immigration status? In this summer semester, I registered 2 credits of CPT so that I could work for my sponsor in the summer. Here come to my questions:ĭo I have to register the course as usual to maintain my F1 status to stay in the US? (Since my VISA status is changing, I don’t know if I got some special period that I can legally stay in the US without registering as a full-time student.) To maintain my F1 status before I get the work VISA, I must register 9 credits hours as a full-time student in fall. Now I’m waiting for the official documents.Īs you all know, it is almost the fall semester when the regular international student must register the courses. Please follow the instructions in the notice). My sponsor submitted the H1B petition in April and finally, I luckily got picked in the pool and the petition got approved (Case status: On May 23, 2019, we approved your Form I-129, Petition for a Nonimmigrant Worker. However, I found a company that willing to sponsor me a work VISA. program in April (actually, my adviser stop my funding to force me to leave the US.). Due to the bad relationship with my advisor, I quit from the current Ph.D.
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