OPT/H1B Visa : When to Graduate and apply for OPT to avoid H1B visa issues.
February 21, 2008 by Raghuram
When is the right time to Graduate ( August or December or May )?
When Shall I apply for OPT?
Do you want to know answers for the above questions? Continue reading.
When to apply for OPT?
I have advised so many students and above question still remains. So, to help them understand, I’m putting together this small write up. Again to let you know, this is my opinion, it may not be applicable to all circumstances. Read this, understand the concepts and see how your situation applies and decide based on that. To get started, let me explain about OPT ( Optional Practical Training)
OPT ( Optional Practical Training)
Optional Practical Training (OPT) is employment authorization which allows F-1 students to apply knowledge gained in the classroom to a practical work experience. You may be entitled to up to 12 months of optional practical training per educational level. If a student begins a new academic program at a higher level, the student is eligible for another 12 months of OPT.
Universities will have set guidelines on How to Apply for Optional Practical Training. I strongly recommend students to find out the what is the process in your school and having that knowledge in advance, atleast 1 semester before you graduate will help you prepare accordingly.
OPT and H1B Visa Dates
Next query is, when to apply for OPT, whats the deal with H1B visa quota and how does graduation date affect my chances of getting H1B Visa? This is going to bit difficult to explain, but I will try my best to make it clear.
H1B Visa:
H1B visa application can be filed from April 1st of each each for the H1B Visa quota starting from Oct 1st. i.e. companies sponsoring students can file H1B Visa from April 1st 2008 and that will enable students to work for that company from October 1st 2008, if H1B visa is approved.
As many of you will be aware, last year H1B visa in general category was filled on 1st day of application. More than 100,000 application was submitted on April 1st for available 65,000 visas. That resulted in lottery system. Students with Master’s degree will have additional 20,000 Visa’s. If general category is filled, then you will be considered under Master’s Degree quota. Many are believing it will be same scenario this year too.
Scenario: Graduation Dates
Lest assume you are planning to graduate in Summer ( August ) 2008. Students question will be, when shall I apply for OPT. Lets analyze the above situation.
Lets assume
Graduation Date : 15 - Aug - 2008
OPT Start: 15-Aug-2008, which means, you will receive new I-20 along with OPT Card, that gives students status and authorization to work.
OPT End Date : 14-Aug-2009 ( if you applied for 12 months )
In the above case, if students will have to find a job with a company who will sponsor H1b Visa before April 1st 2009. So, the company can file the H1B visa on April 1st. They also can file H1B visa later, if no more than 65,000 visa application is submitted on April 1st in general category and no more than 20,000 applications were submitted in Master’s Degree category. Lets assume, you found a job and company sponsored your H1B Visa and your application was submitted on April 1st and got H1B Visa approval to work from October 1st 2009.
But, the problem with OPT start date of Aug 15 2008 is, student will have the H1B approval only from Oct 1st 2009, but the work authorization is expiring on Aug 14th 2008. So, from 15 Aug 2009 to 30 Sep 2009, student don’t have work authorization. Which means, they cannot work in U.S. Some companies give them vacation, so they will go to India, or native country and work from local Office in India, some students stay in U.S. but cannot work for that time period.
To avoid that scenario, if student can apply for OPT start date of Sep 30 2008, then they will not have the above problem. Because, they can work in OPT till Sep 30 and H1B will start from Oct 1st. But, check with your school, if you can apply for delayed OPT start date, to make sure you will not be out of status. Usually OPT start date should be within 60 days of last day of the exam. If you graduate in the Spring of 2008, the last exam day is May 6. You can select a start date between May 6, 2008 to July 5, 2008.
Also, OPT must be applied before you graduate. Processing time for OPT card will take from 15 days to 3 months. I got my OPT card in 3 weeks time, some of my friends it took 3 months. It depends on the Application processing center.
Graduation Date : December
With graduation date of December, students will have less time to search for the job. You will have to find a job in from December to March, while students graduating in Summer will have Aug to March to find a job. You can do the Math for Spring graduation.
Again, it depends on the specific student situation and if you are worried on how to search for a job, visit my blog frequently, I will write about few techniques that will help you to get the job much faster.
If you have any questions, comments or need details for your specific scenarios, write a comment, I will try to help you. Again, this is general guidelines, every students situation vary. Decide wisely, when to graduate, so you can apply for H1B visa on time.
Health Insurance during OPT:
Usually students health insurance will expire on the day you graduate. I strongly advise students to carry health insurance all the times. If you looking for cheap student health insurance, you can buy coverage as low as $28 per month.
If any of your friends are planning to graduate, I would appreciate if you can forward this link to them. Having an idea about OPT, H1B Visa and Graduation dates in advance will help them to make informed decision which would have a great impact in their life.
- H1B Visa and OPT Gap Issues: May 2008 Graduation
- OPT to H1B : OPT Expiring before H1B start date (2008)
- 17 Month OPT (Optional Practical Training) - Coming Soon.
- 9 - Salary Negotiation Mistakes by Students.
- Bill Gates : We need more H1B Visa ( 2009 )
- H1B Visa 2009 : FAQ’s
- OPT Period Set to Increase : 12 Months to 29 Months?
For the same calendar year, can two H1-B petitions (for two different employers) be filed for one candidate? E.g. I have offers from Employer A and Employer B, and if I accept both of their offers, can I ask both of them to apply for separate H1-Bs?
Thanks,
Joe
@Joe: that was allowed last year. This year, they are still in the process of deciding. Check the latest article. Multiple H1B filings Cleared.
1]Can u explain the OPT option for students graduating in May ?
If I graduate in May09 when should I start my OPT . As you said 60 days .. the max i can push is july 09. so when i get my H1 in Oct 10 ,, I ll be in same prob !! .
2] Does the results of H1 come out only once a year i.e Oct ? And can the applications be filled only in April ?
My brother has applied for H1B visa this year under graduate quota; but his OPT expires on 26th May 2008. To be eligible for working in US, he plans to get CPT from a recognised Univ (in software/ computer engg or science or Comp. informn technology discipline). Do you have any guidelines for him on Universities that allow students to start the programme with CPT ? If the Univ has online courses, that would be great !, so he shall complete the course too.
Hey, I graduated in december, and I am currently on OPT which expires jan 31 2009. Is it still possible for me to apply for a H1b?
Hi i am graduating in december 08 and want to go india in december before OPT starts so am i able to go to india..if yes???what paperworks i require to come back..and if no…what should i do for that?
Please help me…urgent attention required
Can I apply for OPT during CPT period provided that OPT will start after the CPT ends?
@Rachit
Usually, you will need to get signature in your I-20 from your International Office.
@Mohammad
You will have to talk with your International Office. In general, if you have completed the requirements for Degree, you will be able to apply for OPT.
Hi,
My situation is like this recently my H1 got picked up(with query for masters degree not yet approved). and my OPT start date is july 05 - 2008, so if i have both H1 visa and OPT, can i ignore my H1 visa and and search or do the job on my OPT even after getting H1 visa.
or else will my OPT get cancelled automatically if my H1 is approved.
I will be very much thankful to you, if you clarify my doubt.
waiting for your reply
Ajay Ranga
i am working in a small office of 3 people. they are willing to sponsor H1. can they? is their any requirements like number of employee etc for applying for H1.
@ Shanaz : As far I know there is no requirement on how many employers has to be in the company. Ask your company to consult a Immigration attorney.
Hi there,
Can you please help answer my question? My sister just got a Masters degree and her OPT finishes on October 31, 2008 but she hasn’t found a company to sponsor her H1-B visa. I believe that the quota finished in April 2008. What are her options now? Can a company still file for her H1-B visa under Masters degree?
Also, can a company apply for her H1-B visa for 2009? And based on that can her OPT be extended till then?
Thanks for your help!
@Neha - Checkout this article http://www.happyschoolsblog.com/h1b-opt-expiration-cap-gap/
Hi,
I’m not able to apply for my OPT until middle of the month. I dont technically finish my degree until mid October. Do I have to wait until December/January to work/use my OPT?
I am in a dialemma and dont know what to do. My current H1B expires in december and my current employer just started the exetension process for another 3 years. I have also been offered a job by a different company, and they are also starting the transfer my current H1B visa. I am not sure which will be approved first. I woulk like to work for the new company, but if the extension of current comapny is approved last, will it cancel the new company’s H1B?
@flo: You will have to ask this question to your new employers attorney. They are the best person to answer this.
I have been approved for H1 visa and currently I am in F1-OPT.
My OPT ends in October and also my H1 starts from same month.
I got a question…can I transfer my H1 visa before October to any other company? or do I need to wait till I get H1 status?
i completed my bachelors of physiotherapy from india. i completed my credential evaluation for ny state as physiotherapist. at present i am in usa doing my mba. i am planning to give physiotherapist licencing exam next month. post clearing my licencing exam, am i eligiable to apply for h1b? if i clear licence & finish mba can i convert my F1 to h1b? if yes, how long it will take. pls reply me
@abdeen: You can get H1B for MBA and i know that for sure, but I have to search to see if H1B Visa applies to physiotherapy or they have separate visa category for that.