OPT expiring H1b not applied - options?

[zubi1015]

Hi,

    I finished my MS in Computer Engineering and my OPT began even before I graduated. Right now, my F1 has already expired and my legal status is only a valid OPT. However, my OPT expires in July (no extension allowed thereafter). I haven't been able to find a job yet that sponsors my H1b visa so there's a very slim chance that my H1b will be filed in April. If I wish to stay in the US after my OPT expires, what are the options I have?

[jairichi]

Hi,

    I finished my MS in Computer Engineering and my OPT began even before I graduated. Right now, my F1 has already expired and my legal status is only a valid OPT. However, my OPT expires in July (no extension allowed thereafter). I haven't been able to find a job yet that sponsors my H1b visa so there's a very slim chance that my H1b will be filed in April. If I wish to stay in the US after my OPT expires, what are the options I have?

Don't you have OPT extension?

[t75]

Go home, get experience, continue looking for H1B sponsoring employer (like the one you go to work for in your home country).

 

A US degree was NEVER a guarantee of a US job.  If you job was from a quality institution, I do not know why you are having trouble finding a job.  Did you go to one of the F1 diploma mills?

[HelpMeForum]

If you join another masters program/phd, you have chances of staying here. If you go home, then forget about coming back, the chances of coming back are slim. 

[kshitiz]

In continuation to HelpMeForum's response -

 

He is right, your chances of getting H1B once you go home are almost zero. 

 

Be careful about joining another Masters program - you will NOT get OPT after graduating from another masters degree. You get OPT only once for each level of degree, and you have used your OPT for masters degree. Enrolling into another Masters program will not get you another OPT.

 

Enrolling into PhD is another option. Once you finish PhD, you will be eligible for another OPT. But PhD is no joke - it takes 5-7 yrs to finish PhD.

 

Another option is (if you are really desperate to stay in US) is to get a job in a non-profit organization (cap exempt H1B). Those kind of H1B are exempt from lottery system and can be filed any time of the year, and with premium processing, you can get the processing done very fast. Its really the matter of USCIS finding your application appropriate for approval.

 

Advantage of this kind of cap-exempt H1B - "can be filed any time of the year" - is important for your case. If you can't find a job before your F1 expires, enroll into another masters program to keep your student status, and keep looking for a job in a non-profit organization while you stay in college. Once you get offered a job, it will take less than a month to get H1B work done with premium processing. And during this time, you stay enrolled as a student. Most employers are willing to wait for a month after interview, so you will have no problem. Ofcourse, USCIS will still need to actually approve your H1B, but atleast its a quick yes or no.

 

Disadvantage - non-profit organizations don't pay very well.

 

Second disadvantage is that once you ARE on this kind of H1B (cap exempt H1B), if in future you wish to move to regular industry job (cap H1B), you still need to go through that process of filing H1B in April and wait till october. And in this case, you will need to find an employer who will REALLY wait till october (after interviewing you in february or march) for you, since you no longer have options of CPT/OPT to start working with him (as you are already on H1B, a different type albeit).

 

Nevertheless, its an option worth considering. Who knows, after 2-3 year of valuable work experience, you might find an employer willing to wait for you till october.

 

Thats just my suggestions. You are better off discussing all minute details with a lawyer before you go for all that.

[t75]

Many international firms with offices in the US and elsewhere transfer employees to their US operations.

 

 

School is for studyimg and not hunting for a job.

[JoeF]

In continuation to HelpMeForum's response -

 

He is right, your chances of getting H1B once you go home are almost zero.

Wrong.

 

Be careful about joining another Masters program - you will NOT get OPT after graduating from another masters degree. You get OPT only once for each level of degree, and you have used your OPT for masters degree. Enrolling into another Masters program will not get you another OPT.

And it is important to stay away from any fraud university. Applying at a public university would be the only option.

 

Disadvantage - non-profit organizations don't pay very well.

Wrong again.

For EVERY H1, for-profit or non-profit, the person has to get paid the prevailing wage for the job.

[rahul412]

Join the school ONLY if you are interested in studying, not just to stay in US.

[kshitiz]

JoeF - What I wrote are opinions and are subjective. If the guy asked a strictly yes or no legal question, I guess you can go around pointing "right" or "wrong" to people.

If chances of getting H1B while applying from Native country were high, half the Indian subcontinent would be here. Go back to your country and look for an employer from there who will file your work visa, and then let me know if I am wrong. Half the companies won't even pick up your application as you are not even in US. As I said, it's not a right or wrong question. It is possible, but chances are slim.

Same issue about non profit organizations. Get a system administrator job in a state university and get a system administrator job in *****. Then come here and say I was wrong about pay scale. Yes, by law there is a minimum salary defined. In industry you will get paid more than that and will get increments more frequently as there are more options to switch job. With cap exempt work visa, he will be restricted to switching between non profit organizations.

I am merely giving him suggestions based on his situation. If I am legally incorrect anywhere, please point that out as it will be helpful for everyone. Don't call other people's opinion right or wrong. What I wrote was based on my personal experience and some of my close friends.

[JoeF]

JoeF - What I wrote are opinions and are subjective.

And you shouldn't give recommendations based on that.

 

 

 

Same issue about non profit organizations. Get a system administrator job in a state university and get a system administrator job in *****. Then come here and say I was wrong about pay scale.

There is a prevailing wage, and that is the ONLY thing that matters.

You obviously haven't been around university sysadmins much. I have. They get paid well.

[kshitiz]

And you shouldn't give recommendations based on that.

 

Yes I can. I am not recommending anything illegal. The guy is seeking suggestions that may help his case, which I did. I know I did not suggest anything unlawful. It's upto him (not you) to take it or leave it.

 

You obviously haven't been around university sysadmins much. I have. They get paid well.

System administration IS my field. I have SEVERAL who work for university. I know the starting pay that ***** or ******* would give. There is no comparison. In general, non-profit organizations will not pay you as high as regular industry.

Again. Those were suggestions that were for the guy who posted this query. I left my suggestions for him, you leave yours. It's upto him. Don't go around trying to prove your suggestions are better, when it's all subjective.

Only if there are strictly legal yes/no type questions, feel free to share your knowledge and correct others.

[JoeF]

Again. Those were suggestions that were for the guy who posted this query.

 

For an H1, EVERY organization has to pay at least the prevailing wage. Period.

Please look up what prevailing wage means. There can of course be deviations to the higher end. But somebody on H1 ALWAYS ALWAYS ALWAYS needs to get paid at least the prevailing wage.