working of OPT vs H1B visa

[andreean1987 0]

hello

I am a recent college graduate who has the option of working on either OPT or H1B visa. My advisor told me to go for OPT because it is a better option than H1B. I do not understand why....isn't it that with H1b you are eligible for green card? Is ot easy to get the green card through H1 or your company has to be willing to petition your green card application which is different than the initial h1b application. I have right now a bachelor degree. is it better to get a masters and apply for h1b because I would be eligible for eb2 application?

Thank you

Sincerely

Andreea

[canadian_wife 1,823]

Right now with your F-1 status, you can get your OPT easily, with just the help of the DSO at your school - it is unrestricted in terms of what company you can work for, as long as it is related to your major

An H1B needs a company to offer you a position and then formally submit the application on your behalf - you may not remain in the US under your F-1 status while the H1B is being processed. This visa requires a company to sponsor you so if you do not have this already, you may have to leave the US before you get a US company to sponsor you or the application is complete

If you want to remain in the US for a short term, apply for your OPT. Then you may work on getting the h1b. Your advisor was correct. The transition to OPT is easier for you, the H1B is not

Good luck

[Boiler 45,670]

OPT is often thought of as a way to find an employer willing to sponsor a H1B.

If that is your end goal, go for it now, you might not get another chance.

[andreean1987 0]

OPT is often thought of as a way to find an employer willing to sponsor a H1B.

If that is your end goal, go for it now, you might not get another chance.

My final goal is to immigrate in US and become a green card holde. I know this will not happen tommorow but I need to take wise choices in terms of the steps I will take. The only reason why I would choose H1b in the beggining over opt is because it is faster to green card than having to stay on opt which does not give you any advantage to a green card? Am I right? This is through all I read but not sure if my thinking is correct. I am thinking that by being on OPt in am only postponing my path to green card. Why is that you have to go to your home country while the application of h1 is pensidng? can i just stay on OPT while that application is pending?

Thanks so much

[littleadv 1]

My final goal is to immigrate in US and become a green card holde. I know this will not happen tommorow but I need to take wise choices in terms of the steps I will take. The only reason why I would choose H1b in the beggining over opt is because it is faster to green card than having to stay on opt which does not give you any advantage to a green card? Am I right? This is through all I read but not sure if my thinking is correct. I am thinking that by being on OPt in am only postponing my path to green card. Why is that you have to go to your home country while the application of h1 is pensidng? can i just stay on OPT while that application is pending?

Thanks so much

Definitely H1b. If you have the option - have the employer file the papers ASAP, because if you miss the current quota (there are still 10K visas left as of last week), you'll have to wait till the next October to start working on H1B, and that's exactly the period the OPT is for. If you don't do it now, it will be too late to work on that when the OPT period is over, you'll be out of status.

[canadian_wife 1,823]

Unless you have an employer RIGHT NOW ready to file the papers, then you cannot just switch to an H1B. You do not apply for an H1B, an employer files for you. Unless you have an employer already lined up, if you want to stay in the US after your F-1 expires, which by your graduation date I assume you already are out of status, then OPT is your chioce

Good luck

[andreean1987 0]

thanks so much. I think I wrote my first post kind of confusing and I created a little misunderstanding. I am so sorry. I will try to explain further:

1. I will be graduation in 7 month( i know i wrote by mistake i am a recent graduate) and my major is in clinical laboratory science- a health care field which is in demand. My prospective employers will be a not for profit hospital or academic institution therefore the quota will not be the issue...i guess they can apply for me whenever they want...

2. my final goal is to work in california where my boyfrined currently resides. I am not sure I will get a job in the beggining in cali but I have a good chance in other states...and then eventually move in a few month. In these conditions I wanted to know if OPT or H1B is my best option....therefore when moving my employer would be either through OPT or H1b transfer in case i was already sponsored in another state....probably it is much easier to change employers on OPT than through H1b transfer...

i heard somebody saying that if you reside in US for 10 years you have the right to petition yourself or something similar for a visa or green card? Is that right?

[canadian_wife 1,823]

OPT in your situation would be best. Once a company sponors your H1B, leaving that company will most likely terminate your H1b and thus your legal status in the US

Take the OPT - the economy in the US is such that ANY job is not a guarentee, let alone a company willing to spend the tens of thousands of dollars to sponsor an immigrant. THe OPT allows you to remain in the US until your can find a company that suits your (specific) needs

Good luck

PS - your exact question is on this H1B FAQ site where OPT is recommended

http://www.***removed***/visas/h1b/h1b-visa-general-faq.html

[Boiler 45,670]

Is your boyfriend a USC?

[andreean1987 0]

canadian_wife,

thanks so much for your advice. it really makes sense now...OPT is better for a student who graduated in US i guess- it an extra option for us who did not come with our degree from abroad.

my final goal is to be a green card holder, therefore the OPT would not just postpone this final goal? I understand that H1b might be trickier though and more risky in such an economy

after I am done with my 29 months of OPT and my employer is willing to sponsor me, how long will it take to green card? Do they have to petition me separately for green card? after how long? I am from Romania, and I think that fall into EB3 category and my best choice employer( i hope and I really pray for this:) will be from California

Thanks so much

[andreean1987 0]

my boyfriend unfortunately is in the same boat with me...a non citizen but who will be petitioned for h1b starting february 2011...he is a doctor and i think he falls in EB2 taking him a shorter path to green card am I right?

[canadian_wife 1,823]

OPT will delay your goal. However, you are not even on a green card track right now. Without an employer to sponsor you, you have no options to get a green card. However, if you do get a sponsor, you must have H1B status for 5 years I believe.

If your boyfriend is a US citizen, you may marry and adjust your status from visa holder, to green card holder at any time. Is he a US citizen?

You don't have to be OPT for 29 months (it was only 12 months when I had mine) to get an H1B. The company can sponsor you at any time

Still OPT is your best option right now, delaying your green card status is a non-issue since you have no avenues right now to get a greed card

Good luck

[Boiler 45,670]

I did not know you could have OPT for that long.

Both being on H's has the benefit that you can go with whoever gets to their GC first.

[andreean1987 0]

therefore, the best option would be getting an OPT and then change it in H1b as soon as possible with the best choice employer?

still, if i want to become a GC holder in 5 years or so, i will have to get an h1b at a point in time, there is no other way i guess b/c my boyfrined is a non citizen- on h1b as well

maybe i should make sure first i get a california employer and then start my h1b than getting an h1b in other state and then trasfer it. i am just afraid they will say no to the transfer procedure...that is because when i talked to HR people in a bog institution they told me it is not possible to get sponsored but they will do OPT for me..this way maybe in 29 months I can change their mind in terms of sponsoring or change easily employer in-state

[andreean1987 0]

I just saw visa bulletin for january- marriage to a GC holder has no wait time anymore? I know it used to be years....now it is C - current?

that means if one of us gets their gc, the other can get it in a relatively short time as well?