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OPT employer-No H1 Sponsorship

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  • OPT employer-No H1 Sponsorship

    Hello Everyone,
    I have a few questions :
    Intro:
    I have got my EAD and am ready to start working on my OPT 14 days thru already .
    I had worked with a company that was everified through my CPT for 2 semesters.It was a great experience . My Major is systems engineering (with a focus on IT)and i was interning in the software dev dept and IT dept .
    Unfortunately this company cannot file H1 for me due to its policy limitations. However they are ready to offer me a position to work with my OPT.
    Questions

    1)I have not found another form of employment and wish to either enroll myself with a staffing firm which files H1 visas or join this Everified company and get my H1 filed through the staffing firm.
    I understand that if i were to get thru in the H1 lottery , i would have to give up my OPT status with my prev employer and join the firm that filed for my H1.

    Is it ok to work for company X under my OPT and get staffing firm Y to file my H1?

    2) Is it true that for the STEM extension, the applicant must have missed in a previously applied lottery for H1?

    3)What would your suggestion be for me regarding joining a staffing firm?(which trains and places along with filing H1B)?

    Thanks in advance.

  • #2
    I would suggest not to go for a COS with any staffing firm. Just have a H1b filed as a CP and the best way to ensure that is not to give your I-94.
    That way, you can use your OPT fully and then switch to H1b when you want to. You could possibly find a new employer and transfer the H1b to them.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Please excuse me for my ignorance..
      When you say dont apply for COS...
      do you mean--> i dont apply for a H1 thru a third party company Y . and just continue to work on OPT until it expires?

      What does CP mean? Thanks again.

      Comment


      • #4
        COS- Change of status. Once this is approved, you are on H1b and are no longer on OPT and cannot use OPT EAD. H1b comes with an attached I-94. Requires you to get paid from day 1 of COS effective date usually Oct 1st or later if approval gets delayed. You can remain in US as long as the I-94 is valid and need a visa stamp only if you wish to travel outside US.

        CP - Consular Processing. You will have an approved H1b without an attached I-94. You can use the entire OPT period and go out, get a visa stamp and them move to H1b employer.

        Do some research and reading. You are a student!

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          OPT no job

          Hi everyone,

          This is my first post.I will be graduating in Masters in MEchanical Engineering in March and I am already on OPT.Due to recession there are no jobs in mech. and also employers are not doing H1.Is it fine i file my H1 from a IT consultant and then if its approved I can transfer it to other company(Mechanical) once I get job?
          Curious to know.
          Also suggestions are welcome as to what I can do.

          Comment

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