Read part four here Filing of the Petition To file the petition, the employer shall gather all the required documents and fill up the I-129 form. The petition is filed at the California Service Centre (CSC), the Vermont Service Centre (VSC), the Nebraska Service Centre (NSC), or the Texas Service Center (TSC), depending on which non-immigrant classification and action the petitioner is requesting and where the petitioner is located. For premium processing of Form I-129, the employer must also file I-129/I-907 Package. The checklist for the required Initial Evidence: Evidence that the beneficiary maintained status if they are seeking a change of status or extension of stay;   Evidence showing the proposed employment qualifies as a specialty occupation; Evidence showing the beneficiary is qualified to perform the specialty occupation; A copy of any required license or other official permission for the beneficiary to perform the specialty occupation in the state of intended employment (if applicable);  A copy of any written contract between the employer and the beneficiary or a summary of the terms of the oral agreement under which the beneficiary will be employed; and A corresponding Labour Condition Application that has been certified by the Department of Labour and signed by the petitioner and attorney/representative (if applicable); Form G-28, Entry of Attorney Appearance and Filing Fees; Evidence that there is a true business need for the worker and that the U.S. employer can pay the prevailing wage for the position. Thus employer shall include the following documents: Copy of employment agreement, if any. Salary of the foreign worker. Full corporate name and address. Address where the foreign professional will be working. Name, title, phone number, fax number, the e-mail address of company contact who will sign the petition. H1B visa employer’s federal I.D. tax number. Gross and net annual income for the employer for the most recent year for which such figures are available. Current number of employees. Year the company was established. Company brochure or other relevant company literature, if available. Number of H-1B workers on staff. Title and a detailed description of the position, including responsibilities and duties. The employee shall include the following documents for his section: Copy of the biographic and visa pages of current passport. Present U.S. address. Foreign address (maybe the address of parents or closest relative). Day and evening phone numbers and/or e-mail address. Copy of Form I-94 card. Copy of all prior H-1B approval notices (if currently on F-1 status, copy of Form I-20). Dates of prior stays in the U.S. in H-1B status. Current resume listing employment history. Copy of your university or college degree, and if available, copy of university or college transcripts. If you have ever obtained a credentials evaluation, a copy of the credentials evaluation Title with the sponsoring U.S. Company. A very detailed description of job duties with the sponsoring U.S. Company. If the occupation requires licensure, a copy of the current license or temporary license. Copy of most recent pay slip with current employer. CAP-GAP Extension

Read part three here H-1B Classification The H-1B classification serves as the main basis for the H-1B visa/status. The application for classification can only be made by the employers by filing H-1B petitions with the USCIS. The USCIS is tasked with reviewing those petitions, and it either accepts or denies the application. H-1B status Normally, the employer request for H-1B status or H-1B visa along with the petition for H-1B classification. The question as to what between these two will the employer ask for will depend upon whether the employee is inside the USA under valid status or is outside the USA. For a student inside the USA, his employer will request H-1B status along with H-1B classification. The same applies to the worker who has previously obtained an H-1B classification and his employer is re-applying for it. The granting authority here is USCIS and CBP, again depending on if you are inside the USA or asking port of entry to the US. In both cases, an I-94 will be issued showing H-1B status. H-1B Visa On the other hand, an H-1B visa enables its holder to present himself at a US port of entry and ask for permission to enter the USA. When the worker is outside the USA and his employer applies for H-1B classification, after the approval of the petition or H-1B, the employer will request USCIS to transfer the H-1B approval to a US consulate in the worker’s home country. The worker would then apply for the H-1B visa based on the employer’s approved petition. After getting the visa, the worker can fly to the USA and will have his H-1B status issued by the CBP on his entry to the USA. Note that a visa can never be issued inside the USA. So when a student turned worker under valid H-1B status goes outside of the USA without having an H-1B visa, he will have to apply for an H-1B visa in his home country should he want to get back to the USA. The reason is that H-1B status, as provided by I-94, only enables a worker to be under a valid status in the USA and work under that status. Conversely, the H-1B visa determines the period or which a foreign worker may represent himself at the port of entry. H-1B Visa Process (For Cap-Subject Petitions) The process starts with registration with the USCIS through H-1B electronic registration process. After the registration, the lottery takes place on a given date and the selected employers win H-1B numbers for particular employees. After the first selection process, the employer will have 90 days to have the H-1B petition filed. Usually, the employers prepare related documents, including the LCA or Labour Condition Application in the meantime.  H-1B electronic registration process Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking to employ H-1B workers subject to the cap, complete a registration process. The registration process only requires basic information about

Read part two here Employer’s Eligibility Requirements An H-1B employer is a US employer who has petitioned for an H-1B classification for a foreign worker. The employer will have to prove, apart from the abovementioned requirements as to the job and position (requiring a US bachelor’s degree or its equivalent as the minimum requirement for the specialty education), that there is a true business need for the worker and he can pay the prevailing wage for the position.  There is another sub-category of H-1B employers who are H-1B dependent employers. When a US employer meets one of the following conditions, then he is an H-1B dependent employer: 25 or fewer full-time equivalent employees and at least eight H-1B nonimmigrant workers; or  26 – 50 full-time equivalent employees and at least 13 H-1B nonimmigrant workers;   51 or more full-time equivalent employees, of whom15 percent or more are H-1B non-immigrant workers. How long a worker may stay in the USA under H-1B Status? H-1B is not an immigrant visa, and it does not allow one to work for an employer as long as he wishes. It is a temporary work status. The worker is allowed to work for 3 years starting from the date he commences his employment, which may be extended for another 3 years, totaling 6 years of the valid period of stay. However, the employer may be allowed to employ them for up to another 45 days using recapturing of H-1B time in case the worker spent those days outside the USA.  If the worker is out of status due to the expiry of a valid period of stay, he will have to leave USA. Afterwards, he may again find an employer who will sponsor him for H-1B visa and file a petition for H-1B classification. However, to do this process, the worker must spend 1 year outside the USA after he is out of status. Another disadvantage is that, the worker will have to go through the lottery process for H-1B cap again, and if the employer does not win a number in the H-1B lottery the employer cannot employ that worker again. American Competitiveness in the 21st Century (AC) 21 Act This legislation has changed the game for people waiting for the decision on Employment-based green card applications while being under the H-1B status. Accordingly, an H-1B status holder who is waiting for a decision on his employment-based green card application may extend his status for unlimited times till the decision on his application for an employment-based green card comes. To sum up, this Act requires two conditions: The worker is under a valid H-1B visa/status. The worker’s employer has filed an employment-based green card petition (form: I-140) for him. H-1B Cap  The number of the petition that can get H-1B classification is limited. There are only 850000 visas allotted under the H-1B cap each year. However, only 65000 visas (6800 reserved for H1B1 visa category) are allotted as the regular cap. The rest 20000 are only

Read part one here For how much time can you remain unemployed during your OPT? As you can assume using your common sense, there is no specific regulation regarding the allowable unemployment during the pre-completion OPT period. Conversely, during your post-completion OPT period, you can be unemployed for 90 total days. The counting for this starts after USCIS approves your OPT application, and the start date listed on the EAD has been reached. For STEM OPT, you get 60 extra days, totaling 150 days of allowable unemployment during your combined post-completion OPT and STEM OPT periods. You can use the whole period to your advantage according to your discretion. And if you fail to be employed, exceeding the allowable limit, then you might face deportation from the USA. When can you start your work? After applying, you will have to wait for the Employment Authorization Document or EAD. So, you cannot work on or off campus right after you are done with your studies without EAD in your possession. The condition remains the same irrespective of if the USCIS case status indicates that your OPT application has been approved or not. Can you change your Employer when you are under OPT status? A student is allowed to change employers while on OPT or STEM OPT. However, while the STEM OPT application is processing, students cannot change jobs until they receive new STEM EAD. H-1B Now as we all know that the OPT cannot be renewed over time, to retain his valid status in the USA, one of the best options a student get in the USA is trying for the employment-based H-1B visa. H-1B visa/status is a tool available to the US employers to temporarily employ foreign nationals. Under the broad category of this visa comes three sub-categories. However, this article will only discuss the H-1B ‘specialty occupation’ category. This process of employing a non-immigrant worker in a specialty occupation can only be initiated by the US-based employer. So, once the student gets his OPT, he should seek an employer to file an H-1B petition for him. The Philosophy of H-1B The concept of this visa is to allow the US employers to recruit the most talented candidates for professional positions notwithstanding the fact that they are not US citizens. However, employers should only engage in this process if they feel that the business needs to hire a specific worker, and for that reason, it assumes that the process of H-1B is not a favour to the foreign workers. So, the entire process is employer-driven and is supposed to create employment for the professionals meeting up the condition of specialty occupation only. Workers Eligible under H-1B Visa  Three types of individuals may have their petitions filed by their employer under the H-1B category. They are: Specialty Occupations. DOD research and development project workers. Fashion models of distinguished category. Specialty Occupation  To meet up the requirements as to specialty occupation, several credentials must be met, including, a. The occupation; b. Job position

Now that your study program and F-1 Visa status are on the verge of being expired, yet you are willing to maintain your legal status in the USA, tension not, you have several options open for you to choose from to stay here. But, this article will not make you confused and say you to jump for everything that is offered. Rather, the most common and convenient path to uphold your status will be discussed here. So, before going to any discussion on this matter, the most important question that comes to one’s mind is, ‘How long is a student allowed to stay in the USA under an F-1 visa?’ The answer varies depending on if a student has completed his studies or not. As per the rule, an International student has 60 days grace period, which starts from the End Date mentioned in Form I-20. However, if a student authorized by the DSO withdraws from classes, then he will only be provided 15 days to leave the USA. Pertinent that those who fail to maintain a full course of study without the approval of the DSO will not be allowed to avail of this grace period. So, when you are nearing the completion of your course, you have the following choices available in general:  You can transfer to a different school when you have withdrawn from your studies but with the authorization of the DSO. You can begin a new level of study. For example, when you have completed your bachelor’s, you can enroll for the Master’s and maintain your F-1 Visa status. You can apply for OPT Program to avail yourself of the opportunity to work. You can choose the H1-B visa route directly if an employer files a petition for you before the expiry of the deadline.  You may choose the EB-3 visa route.   However, in this blog, we will specifically discuss the F-1 OPT or Optional Practical Training option leading to the H-1B status. What is OPT?  Optional Practical Training Period is generally a work authorization available to students under F-1 status. If granted, it allows an OPT holder to work full-time in any employment covered by his major area of study. The validity of OPT is 12 months but the students who have earned a degree in science, technology, engineering, and math (STEM) field, are allowed to apply for another 24 months extension of it after they exhaust the first one. OPT are two types based on if a student is applying for it after or before the completion of his studies. Pre-completion OPT: You may apply for Pre-completion OPT once you are lawfully enrolled into a full-year academic program at a college, university, conservatory, or seminary on a full-time basis. But after authorization of OPT students will have to comply with two conditions among other general conditions. These are: a) students under pre-completion OPT may only work up to 20 hours a week while their semester is going on. However, during semester breaks or