You can apply for the H1B from Apr 1, and then an approved H1B status will take into effect on Oct 1. If you are in US, the cap-gap extension can cover your status even if your OPT expires earlier than Oct 1, as long as the OPT is valid when you apply for H1B. But you need to travel, and you need to apply for an H1B visa stamp at that country's US embassy, otherwise you won't be allowed to enter US. It would be easier and more cost-effective that you only apply for a visa stamp, rather than going through the change-of-status route. In the best case, you get the visa stamp, and everything's fine. In the worst case though, you may get a check, and that is inconvenient if you are neither in US nor in China with family. Well, I don't know whether getting an approval on change-of-status would make your visa application more guaranteed. Also, from Apr to June, you may have to use PP on the H1B application to get an approval in time. H1B change -of-status can take up to 3 months.
【在 T*******y 的大作中提到】 : You can apply for the H1B from Apr 1, and then an approved H1B status will : take into effect on Oct 1. : If you are in US, the cap-gap extension can cover your status even if your : OPT expires earlier than Oct 1, as long as the OPT is valid when you apply : for H1B. : But you need to travel, and you need to apply for an H1B visa stamp at that : country's US embassy, otherwise you won't be allowed to enter US. It would : be easier and more cost-effective that you only apply for a visa stamp, : rather than going through the change-of-status route. In the best case, you : get the visa stamp, and everything's fine. In the worst case though, you may
Thanks a lot! But if I apply for H1B now, is it possible that I may not get the visa to come back, because of the tendency of immigration?
that you may
【在 T*******y 的大作中提到】 : You can apply for the H1B from Apr 1, and then an approved H1B status will : take into effect on Oct 1. : If you are in US, the cap-gap extension can cover your status even if your : OPT expires earlier than Oct 1, as long as the OPT is valid when you apply : for H1B. : But you need to travel, and you need to apply for an H1B visa stamp at that : country's US embassy, otherwise you won't be allowed to enter US. It would : be easier and more cost-effective that you only apply for a visa stamp, : rather than going through the change-of-status route. In the best case, you : get the visa stamp, and everything's fine. In the worst case though, you may
x*c
14 楼
C大师请攒文吧
【在 c*****t 的大作中提到】 : 如果有大师们提供参考文献偶可以试试小结
j*r
15 楼
ASAP! The current PWD (prevailing wage determination) takes 2 months!
T*y
16 楼
You can not apply for H1B now. The quota for 2012 FY was used up last Nov. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e The quota for 2013 FY will become available for application on Apr 1, 2012. In those bad years, the quota might use up in just a few days after Apr 1, and lottery was needed on the last acceptable day. Nowadays the quota may last for a few months. When you are back, you need to apply for H1b, not F1. H1b allows dual intention. BTW, based on the way you ask about your immigration tendency, have you applied for the green card? At which step are you?
get the visa to come back, because of the tendency of immigration?
【在 n*******r 的大作中提到】 : Thanks a lot! But if I apply for H1B now, is it possible that I may not get : the visa to come back, because of the tendency of immigration? : : that : you : may
T*y
17 楼
If you have submitted your 485, you SHOULD NOT leave US unless you have the AP in hand, when you are in F visa, otherwise your 485 is regarded as abandoned.
【在 T*******y 的大作中提到】 : You can not apply for H1B now. The quota for 2012 FY was used up last Nov. : http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e : The quota for 2013 FY will become available for application on Apr 1, 2012. : In those bad years, the quota might use up in just a few days after Apr 1, : and lottery was needed on the last acceptable day. Nowadays the quota may : last for a few months. : When you are back, you need to apply for H1b, not F1. H1b allows dual : intention. : BTW, based on the way you ask about your immigration tendency, have you : applied for the green card? At which step are you?
n*r
18 楼
No, I haven't applied for green card, but have been thinking about it...it seems better not to apply for green card now for me. What confuses me is if I submit an application for H1b say on Apr. 1, but not approved when I travel in June, what may happen when I apply for visa to come back? Do I go with F1 OPT or H1b? Thanks!
.
【在 T*******y 的大作中提到】 : You can not apply for H1B now. The quota for 2012 FY was used up last Nov. : http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e : The quota for 2013 FY will become available for application on Apr 1, 2012. : In those bad years, the quota might use up in just a few days after Apr 1, : and lottery was needed on the last acceptable day. Nowadays the quota may : last for a few months. : When you are back, you need to apply for H1b, not F1. H1b allows dual : intention. : BTW, based on the way you ask about your immigration tendency, have you : applied for the green card? At which step are you?
T*y
19 楼
Of course you should apply for H1. Your OPT will expire soon, and there's no point to apply for an F visa. As I mentioned earlier, you can probably get an H1 visa stamp directly without applying for H1 change-of-status here. That's simpler and cheaper. But I don't know how the quota is calculated or for which fiscal year if you are applying for an H1 visa abroad. I assume that it should not count for that quota here. Well, I don't know whether getting an approved H1 change-of-status would help your H1 visa stamp application, if you still want to apply for H1 change-of-status. If you want a sure decision, file Premium Processing on H1 change-of-status application, which costs $1225 and you can get a result in 15 days.
seems better not to apply for green card now for me. not approved when I travel in June, what may happen when I apply for visa to come back? Do I go with F1 OPT or H1b? Thanks!
【在 n*******r 的大作中提到】 : No, I haven't applied for green card, but have been thinking about it...it : seems better not to apply for green card now for me. : What confuses me is if I submit an application for H1b say on Apr. 1, but : not approved when I travel in June, what may happen when I apply for visa to : come back? Do I go with F1 OPT or H1b? Thanks! : : .
n*r
20 楼
Thanks for the kind reminder!:)
【在 j********r 的大作中提到】 : ASAP! The current PWD (prevailing wage determination) takes 2 months!
n*r
21 楼
I was told an alternative was to extend OPT which can be up to another 17months. What are the pros and cons of doing that? Thanks!
no you H1
【在 T*******y 的大作中提到】 : Of course you should apply for H1. Your OPT will expire soon, and there's no : point to apply for an F visa. : As I mentioned earlier, you can probably get an H1 visa stamp directly : without applying for H1 change-of-status here. That's simpler and cheaper. : But I don't know how the quota is calculated or for which fiscal year if you : are applying for an H1 visa abroad. I assume that it should not count for : that quota here. : Well, I don't know whether getting an approved H1 change-of-status would : help your H1 visa stamp application, if you still want to apply for H1 : change-of-status. If you want a sure decision, file Premium Processing on H1
T*y
22 楼
okay, that's also an option. Do you have any preference on using F1 or H1? If you want to apply for the green card soon, H1 is compatible with that. If in F, you'd have to stay in US while the 140 is pending, and then if you need to travel, you need to get an AP after submitting the 485.
【在 n*******r 的大作中提到】 : I was told an alternative was to extend OPT which can be up to another : 17months. What are the pros and cons of doing that? Thanks! : : no : you : H1
H*O
23 楼
学校的H1不收限制,可以随时申请
that you may
【在 T*******y 的大作中提到】 : You can apply for the H1B from Apr 1, and then an approved H1B status will : take into effect on Oct 1. : If you are in US, the cap-gap extension can cover your status even if your : OPT expires earlier than Oct 1, as long as the OPT is valid when you apply : for H1B. : But you need to travel, and you need to apply for an H1B visa stamp at that : country's US embassy, otherwise you won't be allowed to enter US. It would : be easier and more cost-effective that you only apply for a visa stamp, : rather than going through the change-of-status route. In the best case, you : get the visa stamp, and everything's fine. In the worst case though, you may
n*r
24 楼
I see. That's good to know! So what are the good things about being F1 OPT then?
in get
【在 T*******y 的大作中提到】 : okay, that's also an option. : Do you have any preference on using F1 or H1? If you want to apply for the : green card soon, H1 is compatible with that. If in F, you'd have to stay in : US while the 140 is pending, and then if you need to travel, you need to get : an AP after submitting the 485.
T*y
25 楼
oh, yes, that's true!
【在 H**O 的大作中提到】 : 学校的H1不收限制,可以随时申请 : : that : you : may
T*y
26 楼
Maybe some tax benefit, if you are in US for less than 5 years? Oh, maybe you don't have to pay the Social Security tax or medicare tax? I don't really know ah.
then?
【在 n*******r 的大作中提到】 : I see. That's good to know! So what are the good things about being F1 OPT : then? : : in : get
n*r
27 楼
More than 5 years... At this point I'm concerned less about tax benefit, but more on that if I submitted an H1B application, but have to leave the country before it is approved (and received), what will happen? Thanks!【 在 TrueStory (不是幸福 的坑不挖) 的大作中提到: 】
【在 H**O 的大作中提到】 : 学校的H1不收限制,可以随时申请 : : that : you : may
T*y
29 楼
I answered this question twice before in this thread, and you don't seem to get it. Changing of status within US is different from applying for a visa stamp. When you travel abroad, you need a visa stamp to come back. If you need a visa stamp anyway, perhaps you don't need to file the change-of-status. But if you do want to file for change-of-status, you can PP to get a result in 15 days. Now that you have the time, you can file it now, and if you don't hear it back like a month to the date that you need to travel, you can add PP then to make sure that you get it approved before your travel.
【在 n*******r 的大作中提到】 : More than 5 years... : At this point I'm concerned less about tax benefit, but more on that if I : submitted an H1B application, but have to leave the country before it is : approved (and received), what will happen? Thanks!【 在 TrueStory (不是幸福 : 的坑不挖) 的大作中提到: 】
n*r
30 楼
Thanks a lot! I guess I didnot understand the change-of-status very well the first time I saw it. Now that I put things together, they start to make a lot more sense to me. Thank you so much~~
【在 T*******y 的大作中提到】 : I answered this question twice before in this thread, and you don't seem to get it. : Changing of status within US is different from applying for a visa stamp. : When you travel abroad, you need a visa stamp to come back. If you need a visa stamp anyway, perhaps you don't need to file the change-of-status. But if you do want to file for change-of-status, you can PP to get a result in 15 days. Now that you have the time, you can file it now, and if you don't hear it back like a month to the date that you need to travel, you can add PP then to make sure that you get it approved before your travel.