M-1 student visa to H-1B _ work authorization process

[samkan84]

Hello!

I’ve a few questions about my visa situation and work authorization. Please respond.

My visa situation is as follows:

# I entered the US in July 2009 on F-1 visa. I finished my coursework in May 2011, but did not graduate.

# Then, I applied to enroll in a vocational certificate program in a certain college. I received the I-20 from that college and then applied for a change of status from F-1 to M-1.

# I extended my M-1 visa for one more year in July 2012. My current M-1 visa expires in July 2013.

# From my research so far, right now I have THREE options to continue staying in the US.

(1) I can extend M-1 for one more year starting July 2013 continuing until July 2014. After that I am not eligible to stay in the US because my M-1 visa will expire and cannot be extended further.

(2) I can apply for a 6-month OPT in April 2013 (no earlier than 90 days prior to M-1 visa expiration date). I cannot start working earlier than my current M-1 visa expiration date. Upon receipt of work permit within 3-4 months from application date, I can start working for a maximum period of 6 months. After that I am not eligible to stay in the US by extending M-1.

(3) A company can sponsor me and apply for my H-1 visa in April 2013.

In light of the above details, I’d greatly appreciate if you could answer the following QUESTIONS for me:

1. Can I apply for OPT and H-1 simultaneously?

2. Is there an option of expedited OPT with M-1 as in case of F-1?

3. Can the OPT start date be flexible with M-1 as in case of F-1?

4. Are there any other options to stay and work in the US?

THANK YOU SO MUCH for your help and suggestions in advance!

-Sam

[Attorney_25]

You can apply for OPT EAD and H-1B simultaneously. However, you will want to use regular processing, not premium, on the H-1B because once the H-1B is approved, even for a future date, you will likely be taken out of SEVIS and then will have problems getting the OPT EAD approved.

[samkan84]

Hello.

Thank you so much for your response. I still have a few more questions -

(1) Can I start working with OPT EAD prior to my M-1 visa expiration date?

(2) Is there an option to use expedited/premium processing for OPT in case of M-1 visa?

Thank you.

-sam

[Attorney_25]

You can work on the EAD during its period of validity. Premium processing does not apply to EADs. Please consult a qualified attorney if you need a more detailed explanation.