F-1 Visa

F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?

Question details

1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?

2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?

3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?

4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.

 

Video URL
FAQ Transcript

1. As long as you have your OPT you can work for any employer.
2. No. 
3. Absolutely you can.
4.Yes, absolutely you can.

 

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

DOL Publishes Final Rule on Attestation Process for Employers Using F-1 Students in Off-Campus Work

[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69538-69539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27685]

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DEPARTMENT OF LABOR

Employment and Training Administration

20 CFR Part 655

RIN 1205-AB66

Attestation Process for Employers Using F-1 Students in Off-
Campus Work

F-1 OPT Requirements

Question details

1. How do I apply for F-1 OPT?

2. How do I get a 17-month STEM extension of my post-completion OPT?

1. Once you receive a recommendation for post-completion OPT from your Designated School Official (DSO) to pursue OPT, you must apply for an employment authorization document (EAD) with USCIS within 30 days. Additionally, you may file up to 90 days prior to your program end-date and not later than 60 days after your program end date. 

USCIS Releases Policy Memo on 17-Month Extension of Post-Completion OPT for F-1 Students Enrolled in STEM Degree Programs

  • USCIS interim memo clarifying the eligibility requirements for a 17-month extension of Post-Completion OPT for F-1 students enrolled in STEM degree programs. Comments accepted until 11/1/13 and memo is in effect until further notice.

Please check the attached memo.

SEVIS Terminated

Question details

I am an Indian citizen, in USA on my F-1 via. I have completed my masters degree and my application for Employment Authorization was denied due to the fact that my SEVIS was terminated due to the complete negligence of the International Students office in my university. The denial notice says that I need to submit a form I-290B petition along with supporting documents and an affidavit. What documents should I attach and should I consider suing my International students office. I am not in a position(financially) to sue them right now because I was a student all this time.

Generally speaking, you will need to demonstrate that the termination was erroneous. Ask your DSO for a letter explaining that. In addition, you can add your own statement/affidavit explaining the circumstances. Your