Second OPT after staying outside US for 18 months

Mugambo

By Mugambo,
in Student Visas

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Mugambo Member

Mugambo

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After my first masters, I was on OPT for 12 months.

Later applied for extension for 17 months.

Then went on H1b visa.

Job terminated, left USA.

 

Stayed outside USA for 18 months.

 

Now in USA on F1 visa (second masters).

 

My question is, can I get approved for OPT after completing my second masters?

 

Thank you very much in advance.

Looking forward to your advice.

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jairichi Advanced Member

jairichi

Posted
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After my first masters, I was on OPT for 12 months.

Later applied for extension for 17 months.

Then went on H1b visa.

Job terminated, left USA.

 

Stayed outside USA for 18 months.

 

Now in USA on F1 visa (second masters).

 

My question is, can I get approved for OPT after completing my second masters?

 

Thank you very much in advance.

Looking forward to your advice.

Why don't you ask your DSO?

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Mugambo Member

Mugambo

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No.  Why do you need another degree?  Is is just for the OPT and the tax preferences?

 

Why don't you ask your DSO?

 

I asked them and they were not sure. But they replied saying it is mostly "yes" but ultimately the decision will be with USCIS.

 

No.  Why do you need another degree?  Is is just for the OPT and the tax preferences?

 

This degree is only for OPT and eventually leading to a H1b visa.

Is there any way of obtaining a H1b visa from F1 without going on OPT?

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JoeF Advanced Member

JoeF

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I asked them and they were not sure. But they replied saying it is mostly "yes" but ultimately the decision will be with USCIS.

 

 

This degree is only for OPT and eventually leading to a H1b visa.

Is there any way of obtaining a H1b visa from F1 without going on OPT?

When you have used OPT for a particular academic level, you can only get another OPT for a higher academic level. THat's been in the law forever. The DSO obviously isn't all that knowledgeable.

 

And if you want to work, find an employer who can file an H1 for you next year.

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rahulpaudel Advanced Member

rahulpaudel

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When you want to work on H1 why do you wanna waste your money on F1. Just find H1 job and you are good to go.

@ rahul412  What will you do till april if you graduate in december and the company is ready to sponsor you? 

 

H1B is filed in april. If it gets approved, you get qualified to work from october. So , be jobless, i.e, be out of status and start working from october. 

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JoeF Advanced Member

JoeF

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@ rahul412  What will you do till april if you graduate in december and the company is ready to sponsor you? 

 

H1B is filed in april. If it gets approved, you get qualified to work from october. So , be jobless, i.e, be out of status and start working from october. 

In such a situation, the H1 would not be approved as COS.

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rahul412 Advanced Member

rahul412

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@ rahul412  What will you do till april if you graduate in december and the company is ready to sponsor you?

OPT.

 

 

H1B is filed in april. If it gets approved, you get qualified to work from october. So , be jobless, i.e, be out of status and start working from october. 

If he is willing to file H1 that means he is willing to wait till Oct. So you are not jobless, and since you will be out of status during that time, it's better to leave US and come back on H1.

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JoeF Advanced Member

JoeF

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He already used all of his OPT. So, it will get declined. 

 

Why H1 wouldn't be approved if the company is ready to sponsor him? 

I said "not as COS". COS requires that the person is in valid status up to the change, which wouldn't be the case here.

In other words, the OP would have to leave the country, get an H1 visa, and come back using the H1 visa when the H1 starts, i.e., around Oct. 1 (it is possible to enter up to 10 days before the start date.)

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rahulpaudel Advanced Member

rahulpaudel

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then you have to go for second option, leave US and enter with H1. That's what I have mentioned in #15.

How about joining community college , maintaining a f-1 status and file H1 on April. Since, you are filing H1 with your active F-1 status, you can stay legally until you get notice regarding your H-1 Visa. This way you dont need to return back home and dont need to join community college as well. 

 

 

Am I wrong on this ? 

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rahul412 Advanced Member

rahul412

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How about joining community college , maintaining a f-1 status and file H1 on April. Since, you are filing H1 with your active F-1 status, you can stay legally until you get notice regarding your H-1 Visa. This way you dont need to return back home and dont need to join community college as well. 

 

 

Am I wrong on this ? 

Again,this is also abuse of F1. Reason, F1 is not a bridge between two statuses. Once your H1 is approved what will be your answer during the interview for this question " why did you joined community college?? And why did you filed for H1 without finishing the degree??" Do you have answer for this.

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JoeF Advanced Member

JoeF

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How about joining community college , maintaining a f-1 status and file H1 on April. Since, you are filing H1 with your active F-1 status, you can stay legally until you get notice regarding your H-1 Visa. This way you dont need to return back home and dont need to join community college as well. 

 

 

Am I wrong on this ? 

First, an F1 is for studying, not for bridging some time.

Second, to get an F1, the person has to have the intent to return to the home country after the studies. That precludes some attempt to "bridge" time already.

Third, a VO will question the person about it, since this "bridging" would rather obviously be a violation of the F1.

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