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 of your SEVIS record a few weeks 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 then?

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.

[JoeF]

There is no need to apply for an H1 right in April. In the last couple of years, the quota has stayed open for a long time.

[recentgrad123]

There is no need to apply for an H1 right in April. In the last couple of years, the quota has stayed open for a long time.

Thanks for the reply, JoeF. The company is filing for H1-Bs for everyone who is on an OPT. What options do I have under such circumstances? Also, is there any way in which I can file for an H1-B but not have my status converted from F-1 to H1-B in October (or whenever the H1-B is expected to kick in)?

Thanks in advance for your time.

[JoeF]

There is a possibility to file an H1 without COS.

But in any case, you would have to talk to HR. Since you'd have to do that anyway, you can ask them to hold off on filing an H1 for you until you know if you are accepted for the PhD program or not.

That would also help them, since they wouldn't have to spend the money for the H1 until you know if you are continuing with them or if you go back to college for the PhD.

[recentgrad123]

There is a possibility to file an H1 without COS.

But in any case, you would have to talk to HR. Since you'd have to do that anyway, you can ask them to hold off on filing an H1 for you until you know if you are accepted for the PhD program or not.

That would also help them, since they wouldn't have to spend the money for the H1 until you know if you are continuing with them or if you go back to college for the PhD.

Thanks! I will try that, but suspect they might not be interested in retaining my services if I did.

It seems like filing for an h1 with cos is problemagic. Is that a correct view? Thanks in advance.

[JoeF]

Thanks! I will try that, but suspect they might not be interested in retaining my services if I did.

Then you would be better off finding another employer, anyway, one who values your contributions.

It seems like filing for an h1 with cos is problemagic. Is that a correct view? Thanks in advance.

You mean filing an H1 without COS?

That depends. If the company is a consulting company, then it could be problematic to get a visa.

For work at a company with products it usually isn't a problem.