FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension
I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.
Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.
My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.
- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.
- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.
If an H-1B cap petition is approved, you could consider moving to Day 1 CPT to start working immediately for a client. However, since your H-1B won't take effect until October 1st, a better option might be to pursue a concurrent H-1B until then, allowing you to work immediately and transition to your permanent H-1B status later.
FAQs: NIW Required commitment duration, Adjustment of status, Naturalization considerations, and Interim work status option || Impact of DWI conviction on H-1B holder's H-4 dependent visa stamping and future travel considerations || H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc. || H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
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FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
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Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again