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  • H1 visa

    I have a question regarding the H1. Which is the best time to pass out of the university so as to get 3 chances of applying for H1? I have two options to pass out- either in Nov, 2015 or Feb,2016. Do I have 3 chances of OPT in either of the two cases?Can u please help me out?

  • #2
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    • #3
      Originally posted by vikrammmmu View Post
      I have a question regarding the H1. Which is the best time to pass out of the university so as to get 3 chances of applying for H1? I have two options to pass out- either in Nov, 2015 or Feb,2016. Do I have 3 chances of OPT in either of the two cases?Can u please help me out?
      First, we can assume you are eligible for a STEM OPT extension. With regular OPT, you can only have a maximum of 2 tries, regardless of when you graduate.
      You can try for 3 H-1B’s with both graduation date. However, for the November graduation date, you need to make sure your OPT doesn’t start until after February 1 so it means that you need to take a risk and file the OPT closer to your graduation date instead of earlier.
      If you graduate in November 2015 and your OPT starts in February 2016, you can try for the Cap in 2016 if you already have an employer, in 2017 (apply for 17 month STEM extension) and in 2018. The issue here is that you will not be able to work during Cap Gap in 2018 because your OPT expires in February. You will be able to stay in U.S. because your 60-day grace period only ends after April 1, but you won’t be able to work.
      If you graduate in February 2016, make sure to get OPT after April 1, 2016 first. You can try for H-1B that year, in 2017 (apply for 17 month STEM extension) and in 2018. By making sure your OPT starts after April 1, you can ensure that in 2018, you will be covered by Cap Gap and will be able to continue working even after OPT has expired.
      Here are some good resources to figure out your timing and strategies: http://www.visapro.com/resources/default.asp and http://www.visapro.com/video/f1-opt-to-h1b.asp

      Comment


      • #4
        Your message was posted as anonymous on Facebook wall- (Feb 6th)
        Last edited by DesiOPT-FaceBook-Admin; 02-12-2015, 12:24 PM.

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        • #5
          Both graduation day will get you 3 attempts. November would still be a better option

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          • #6
            Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances

            Comment


            • #7
              What if the graduation date is in August ?
              Can this still this be possible ?

              Comment


              • #8
                Originally posted by DesiOPT-FaceBook-Fan View Post
                Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances
                Isn't the stem extension supposed to start the next day after Initial 12 month opt over . So it should have ended on March 9th right ?

                Comment


                • #9
                  Originally posted by DesiOPT-FaceBook-Fan View Post
                  Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances
                  that depends on the processing time that's why they will give a grace period of 180 to work even wiyh out opt

                  Comment


                  • #10
                    Originally posted by DesiOPT-FaceBook-Fan View Post
                    Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances
                    So the start date for Stem Extension OPT will not be the right next day after my INitial 12 month opt gets over ?

                    Comment


                    • #11
                      Originally posted by DesiOPT-FaceBook-Fan View Post
                      Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances
                      may or may not be most of the times it wont be

                      Comment


                      • #12
                        Originally posted by DesiOPT-FaceBook-Fan View Post
                        Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances
                        I have seen many people we can work but we cant drive during that period thats the main problem

                        Comment


                        • #13
                          Originally posted by DesiOPT-FaceBook-Fan View Post
                          Its always not the dates will be changed my first opt started on nov 10 and the second extention ends in march 15 so it depends on processing time and they may or may not give the start time as you mentioned but many times you may get three chances
                          OK. Do i have to give a start date while filling the OPT stem extension form ?

                          Comment


                          • #14
                            Originally posted by lisaanderson View Post
                            First, we can assume you are eligible for a STEM OPT extension. With regular OPT, you can only have a maximum of 2 tries, regardless of when you graduate.
                            You can try for 3 H-1B’s with both graduation date. However, for the November graduation date, you need to make sure your OPT doesn’t start until after February 1 so it means that you need to take a risk and file the OPT closer to your graduation date instead of earlier.
                            If you graduate in November 2015 and your OPT starts in February 2016, you can try for the Cap in 2016 if you already have an employer, in 2017 (apply for 17 month STEM extension) and in 2018. The issue here is that you will not be able to work during Cap Gap in 2018 because your OPT expires in February. You will be able to stay in U.S. because your 60-day grace period only ends after April 1, but you won’t be able to work.
                            If you graduate in February 2016, make sure to get OPT after April 1, 2016 first. You can try for H-1B that year, in 2017 (apply for 17 month STEM extension) and in 2018. By making sure your OPT starts after April 1, you can ensure that in 2018, you will be covered by Cap Gap and will be able to continue working even after OPT has expired.
                            Here are some good resources to figure out your timing and strategies: http://www.visapro.com/resources/default.asp and http://www.visapro.com/video/f1-opt-to-h1b.asp
                            I am confused. I will be graduating in May 2015 with STEM degree. If I apply in such a way that I get my EAD card by June 2015, how many chances will I have to apply for H1B under Masters quota?

                            Comment


                            • #15
                              Originally posted by Bhat View Post
                              I am confused. I will be graduating in May 2015 with STEM degree. If I apply in such a way that I get my EAD card by June 2015, how many chances will I have to apply for H1B under Masters quota?
                              You can try as many times as you want, even from your home country, as long as you have a U.S. Master’s degree. There is no requirement that you must be in OPT status or be present in the U.S. to apply to the Master’s Cap.

                              If you want to know how many times you can try for the Master’s Cap while you’re in the U.S., it’s 2. If you graduate in May, you will have 2 shots at the Master’s quota:

                              1. You obtain your Master’s in May and get 1 year of OPT in June 2015. You can apply for H-1B in April 2016 for the FY2017 Master’s Cap.
                              2. If you don’t make it in the cap, you apply for STEM extension which gives you an additional 17 months of OPT- your OPT expires in November 2017.
                              3. In April 2017, you try again for the FY2018 Master’s Cap. If you don’t get it, you can work until November 2017 with your OPT.

                              If you want one more shot at applying for the H-1B, you can have an employer file a regular H-1B Cap petition this year (April 2015) based on your Bachelor’s degree if it’s a four-year degree or you have enough education + experience to be equivalent to a U.S. Bachelor’s degree - http://www.visapro.com/resources/default.asp

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