andrewwilliams Posted April 27, 2014 Report Share Posted April 27, 2014 One of my friends is a highly skilled Technologist, was key player in developing WORLD FAMOUS applications. But she needs help with Immigration rules in US. Current Visa Status : H4 Enrolled as Fulltime student in a PG Program.Which is 9 Months program starts from April-2014 to Jan-2015. She can get one year OPT(EAD) from Jan-2015 to Dec-2015. To get that OPT she should now apply for Change of Status(H4 to F1) and then apply for OPT. Change of status from H4 to F1 takes about 4 to 5 months, and we should apply for OPT atleast two months before her graduation. So she should now immediatly start for the change of status from H4 to F1. But her old employer applied her first H1B on April 1st-2014. She does not yet know, if h1b picked in the lottery or not. Employer telling her, we may need to wait for one or two more month to know, if it is picked or not. If her H1B selects in the lottery and get approved, then she does not want to convert from H4 to F1. Directly wanted to convert from H4 to H1. But she does not have time to wait to now about h1B. Could you please suggest what she should do now ..?? Is there any premium processing from h4 to f1 ..?? What should her employer do, to know if H1B picked or not ...?? Can they upgrade to premium now ..?? When would USCIS let every body about their h1b picked in lottery or not ..?? Your answers would be very much appreciated....!!!!!! Link to comment
jairichi Posted April 28, 2014 Report Share Posted April 28, 2014 One of my friends is a highly skilled Technologist, was key player in developing WORLD FAMOUS applications. But she needs help with Immigration rules in US. Current Visa Status : H4 Enrolled as Fulltime student in a PG Program.Which is 9 Months program starts from April-2014 to Jan-2015. She can get one year OPT(EAD) from Jan-2015 to Dec-2015. To get that OPT she should now apply for Change of Status(H4 to F1) and then apply for OPT. Change of status from H4 to F1 takes about 4 to 5 months, and we should apply for OPT atleast two months before her graduation. So she should now immediatly start for the change of status from H4 to F1. But her old employer applied her first H1B on April 1st-2014. She does not yet know, if h1b picked in the lottery or not. Employer telling her, we may need to wait for one or two more month to know, if it is picked or not. If her H1B selects in the lottery and get approved, then she does not want to convert from H4 to F1. Directly wanted to convert from H4 to H1. But she does not have time to wait to now about h1B. Could you please suggest what she should do now ..?? Is there any premium processing from h4 to f1 ..?? What should her employer do, to know if H1B picked or not ...?? Can they upgrade to premium now ..?? When would USCIS let every body about their h1b picked in lottery or not ..?? Your answers would be very much appreciated....!!!!!! It is highly unlikely she will get OPT taking into account that it is a 9 month program and she has to check with her DSO. USCIS has started sending receipt notice for H1B applications picked in lottery. To get a quicker decision she has to upgrade to premium processing and she would get to know decision in 15 calendar days. 1. No premium processing for COS from H4 to F1. She has to apply for a F1 visa at an US consulate. 2. Yes. 3. Receipt notice are already being sent. Link to comment
rahul412 Posted April 28, 2014 Report Share Posted April 28, 2014 Enrolled as Fulltime student in a PG Program.Which is 9 Months program starts from April-2014 to Jan-2015. She can get one year OPT(EAD) from Jan-2015 to Dec-2015. For OPT, that person should be on F1 for one full year. Link to comment
JoeF Posted April 28, 2014 Report Share Posted April 28, 2014 One of my friends is a highly skilled Technologist, was key player in developing WORLD FAMOUS applications. But she needs help with Immigration rules in US. Current Visa Status : H4 Enrolled as Fulltime student in a PG Program.Which is 9 Months program starts from April-2014 to Jan-2015. She can get one year OPT(EAD) from Jan-2015 to Dec-2015. To get that OPT she should now apply for Change of Status(H4 to F1) and then apply for OPT. Change of status from H4 to F1 takes about 4 to 5 months, and we should apply for OPT atleast two months before her graduation. So she should now immediatly start for the change of status from H4 to F1. But her old employer applied her first H1B on April 1st-2014. She does not yet know, if h1b picked in the lottery or not. Employer telling her, we may need to wait for one or two more month to know, if it is picked or not. If her H1B selects in the lottery and get approved, then she does not want to convert from H4 to F1. Directly wanted to convert from H4 to H1. But she does not have time to wait to now about h1B. Could you please suggest what she should do now ..?? Is there any premium processing from h4 to f1 ..?? What should her employer do, to know if H1B picked or not ...?? Can they upgrade to premium now ..?? When would USCIS let every body about their h1b picked in lottery or not ..?? Your answers would be very much appreciated....!!!!!! OPT requires to be enrolled in a fulltime academic program for a year. If the person was such a "high-skilled technologist", then she would know to check with an immigration lawyer, and to avoid such weird "PG program". Link to comment
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