Alternatives to H1B if not selected in the lottery

[Attorney_23]

This week, Murthy Law Firm attorneys will be answering your questions about what options you may have if your cap-subject H1B petition is not selected in the lottery.
 

---------------------------------------------------------------------------------------------------------------------------

 

RULES FOR TOPIC OF THE WEEK THREADS:

1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not include information that would identify any specific company, university, or individual (including yourself).

 

[prasana.bits]

Enrolling in a community college and working full time on CPT from day 1 of the semester. If this is a viable option, can you let me know of some of them?

[rahul412]

Enrolling in a community college and working full time on CPT from day 1 of the semester. If this is a viable option, can you let me know of some of them?

No that's not an option because CPT is part of your F1 program. So you cannot work FT on CPT. Unfortunately most of the people think that this is an option.

[Attorney_23]

Enrolling in a community college and working full time on CPT from day 1 of the semester. If this is a viable option, can you let me know of some of them?

 

To work during the first semester on CPT, it would have to be required by the program. You would have to search around for a school that fills your needs.

[JoeF]

Enrolling in a community college and working full time on CPT from day 1 of the semester. If this is a viable option, can you let me know of some of them?

No, it isn't.

Pretty much no real school offers CPT from day one, due to abuse by fraudulent institutions.

And even legitimate CPT from day one would only be allowed for advanced degrees, anyway.

[JoeF]

Enrolling in a community college and working full time on CPT from day 1 of the semester. If this is a viable option, can you let me know of some of them?

On a related note, it is of course troubling that the first question about this topic is not about studying for real, but about enrolling in college as a shortcut to work.

What is wrong with actually STUDYING when enrolling in college???

You know, the actual purpose of college???

[prasana.bits]

On a related note, it is of course troubling that the first question about this topic is not about studying for real, but about enrolling in college as a shortcut to work.

What is wrong with actually STUDYING when enrolling in college???

You know, the actual purpose of college???

 

Nobody said anything wrong about studying when enrolled in college. It is similar to an executive MBA course where you work and attend classes in the evening/ weekend. Yes, I know the actual purpose of college and none of them give a degree just like that. You need to earn it.

[dileep.koppu]

On a related note, it is of course troubling that the first question about this topic is not about studying for real, but about enrolling in college as a shortcut to work.

What is wrong with actually STUDYING when enrolling in college???

You know, the actual purpose of college???

I've completed 2 masters, one in England and one in USA, and because of the lottery process, i am now forced to go for another masters. I don't think you would have such kind of patience to complete it after going through so much mess. 

[dileep.koppu]

I was speaking to a GC holder and he was suggesting me to investigate the possibility of B1. what can be done with this? will i even be eligible if i am on an F1. going to school all over again is the last priority on my list (mostly because of pressure and price) what are my alternatives apart from another Master's degree?

 

I was also suggested to look into community colleges where i can save a few bucks in terms of tuition. will i be eligible to study in an community college until next H1-B , as i am an international student? Please advice.

[JoeF]

Nobody said anything wrong about studying when enrolled in college. It is similar to an executive MBA course where you work and attend classes in the evening/ weekend. Yes, I know the actual purpose of college and none of them give a degree just like that. You need to earn it.

You talked about a community college. Community colleges generally don't do MBAs.

And executive MBAs are for people who work fulltime already. You won't get a job with CPT for that.

Please, don't think people here can't see what your intention was. We have seen lots of similar posts.

[t75]

An executive MBA would not give CPT.  You already have to have a job and have work experience.

 

If you do not get selected you can work in your home country or elsewhere. Why would you go to school (and spend lots of money) just to temporarily remain in the US since there is no guarantee that you will be selected in H1B next year or at any time in the future. Taking no count degrees makes you less employable too. You are better served by real experience; if you are lucky, you can get an L1B sponsor.

[Attorney_23]

I was speaking to a GC holder and he was suggesting me to investigate the possibility of B1. what can be done with this? will i even be eligible if i am on an F1. going to school all over again is the last priority on my list (mostly because of pressure and price) what are my alternatives apart from another Master's degree?

 

I was also suggested to look into community colleges where i can save a few bucks in terms of tuition. will i be eligible to study in an community college until next H1-B , as i am an international student? Please advice.

 

You generally cannot work while in B-1 status. And, changing status from F-1 to B-1 can be extremely challenging. I am not sure what it is the GC holder was suggesting.

[rahul412]

I've completed 2 masters, one in England and one in USA, and because of the lottery process, i am now forced to go for another masters.

Forced to go?? Who forced you to do?? You are not a kid.

 

If your H1 is not selected then file it next time. No need to go to school. Moreover it's not mandatory to file H1 after finishing your school.

[rahul412]

I was speaking to a GC holder and he was suggesting me to investigate the possibility of B1. what can be done with this? will i even be eligible if i am on an F1. going to school all over again is the last priority on my list (mostly because of pressure and price) what are my alternatives apart from another Master's degree?

 

I was also suggested to look into community colleges where i can save a few bucks in terms of tuition. will i be eligible to study in an community college until next H1-B , as i am an international student? Please advice.

B1 is for attending business meetings not for work. Not sure whether that GC holder is aware of this.

[JoeF]

I've completed 2 masters, one in England and one in USA, and because of the lottery process, i am now forced to go for another masters. I don't think you would have such kind of patience to complete it after going through so much mess. 

I understand the issues, but why are you "forced" to go for another masters?

Who forces you?

Maybe you should be truthful to yourself first. The only thing that "forces" you is yourself because you want to be in the US, come hell or high water...

And that actually would prevent you from getting an F1, because for an F1, you need to have a home abroad that you intend to return to.

The grass isn't greener in the US than anywhere else... Maybe you should re-evaluate your options and look for a career outside the US.

To reiterate: nobody forces you to go for another Masters.

[JoeF]

I was speaking to a GC holder and he was suggesting me to investigate the possibility of B1. what can be done with this? will i even be eligible if i am on an F1. going to school all over again is the last priority on my list (mostly because of pressure and price) what are my alternatives apart from another Master's degree?

 

I was also suggested to look into community colleges where i can save a few bucks in terms of tuition. will i be eligible to study in an community college until next H1-B , as i am an international student? Please advice.

What would the B1 give you?

On B1, you can not work in the US. You can attend meetings and the like for a foreign employer.

[JoeF]

I've completed 2 masters, one in England and one in USA, and because of the lottery process, i am now forced to go for another masters. I don't think you would have such kind of patience to complete it after going through so much mess. 

Oh, and please don't assume things about me.

I had to leave the country while my I-140 was pending and my H1 expired. No 7+-year H1 back then. While there was no H1 lottery back in the 90ies, I have a lot of experience and learned a lot of patience during my immigration path.

Do the right thing, and be successful in the end, or do the wrong thing (like using an F1 to work) and kill your career in the US forever. Your choice to make. I made mine.

[prasana.bits]

You talked about a community college. Community colleges generally don't do MBAs.

And executive MBAs are for people who work fulltime already. You won't get a job with CPT for that.

Please, don't think people here can't see what your intention was. We have seen lots of similar posts.

 

Of course, Executive MBA's are for full time students who work full-time already and I am one of them. Don talk about intentions, if you want to then you need to question about all international students pursuing Masters in US too. As long as I follow the legal path, thats all matters, Also, let me know about your intention -are you trying to answer the question in the post or the US education system

[JoeF]

Of course, Executive MBA's are for full time students who work full-time already and I am one of them.

In which status?

If you are working on OPT, that's training. OPT means "Optional Practical Training."

And I don't think you are working in a managerial job, because CPT would only be for a job as part of the curriculum, i.e., managerial for an MBA. OPT would have to be in the field of study of your last degree.

Don't think we are stupid. We know all these excuses people have to try to get around the laws. The stuff you posted just seems to be the latest excuse from some shady forums. You aren't the first person to try to excuse law-breaking with that.

[t75]

OP, You should engage an attorney for an hour and have him evaluate your credentials and suggest options for you since you seem skeptical of the responses you have received.

 

When in doubt about the US immigration process, consult an attorney since your situation may be similar to others but there is no way of a forum knowing what will make or break your application

[dileep.koppu]

Oh, and please don't assume things about me.

I had to leave the country while my I-140 was pending and my H1 expired. No 7+-year H1 back then. While there was no H1 lottery back in the 90ies, I have a lot of experience and learned a lot of patience during my immigration path.

Do the right thing, and be successful in the end, or do the wrong thing (like using an F1 to work) and kill your career in the US forever. Your choice to make. I made mine.

ok. I don't know if i made myself clear, but people specifically stressed on the word "forced" that i used, may be i must have not used it. see, I went for masters in UK and couldn't work there because of immigration issues, the entire thing changed at that time, wasted a lot of dad's money, now i don't want to risk it all after spending around 20K in many things and going back without making any sense of the past few years. I am accumulating experience now, even if i go back i ll earn something. but it ll take years together before i can clear off my debts. which is why i used the word "forced" where i should have said "compelled". no one is forcing me. thanks for all the clarifications, suggestions, and a few criticisms. At least this discussion made me think about my plan for months to come

[Monk1910]

What are options for L1A if the current employer has a subsidiary in the home country? Would it possible to spend a year in India and then try to return on L1A?

 

Also, wanted to know what is the percentage of approvals for L1A in recent times. I understand that L1Bs are hard to come by off late.

 

Yours inputs will be appreciated. Thanks.

[skchawla]

Attorney,

 

I got I129 Approval Notice in July 2007 for H1B application

Current case status on uscis website is "Post Decision Activity"

 

1) Interview never scheduled

2) Never applied for Stamping

3) Never been to US

4) Currently in India

 

Can i use abvove approval in Cap-Exempt Category ?

 

I apperciate your help.

 

Thanks

Sunil

[Attorney_23]

The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if he is physically present in the U.S. when a change of status to H1B takes effect, or if he is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a new H1B petition filed as cap exempt. However, attorneys at the Murthy Law Firm have handled many cases where the USCIS has approved the H1B petition as cap exempt after disclosing that no visa was issued.

[meet2abhi]

I would like to check on my case and my options.

 

Below is my situation:

 

- I am on L1B visa for which extension is filed before its expiry.  I got RFE for my extension, and reply of which is due by June 24th.   Even if I get the extension approved, my L1B will max out by Sept 10th 2014.

 

- I am trying for H1 in both 2013 and 2014, but did not get selected in lottery.

 

- My company has started PERM processing for me and soon is going to file for PERM Labor.

 

 

Now my questions are:

 

- Once I get my PERM Labor done and I-140 issued, can I get H1 without lottery next year ?

 

- As I will be maxing out my current L1B; do I need to wait for 1 year before applying for H1 or I can apply before that, given L1B got me only 5 years, while H1B can go upto 6 years ?

 

- Also if I leave US around 10th Sept 2014 after completing my 5 years, can I apply for next year's H1 on 1st April 2015 or I have to wait until 10th Sept 2015 before filing for any other visa ?

 

- I have read about F1/CPT and their implications, but still would like to know if trying to do COS from L1 to F1 and then work on CPT is a right option or not ?  and how it will impact my I-140 processing ?

 

I don't want to get in trouble just for the sake of getting new visa, however would like to now my options and when/if I can get new visa.

 

Thanks in advance.