This is the best way to get a F-1 student visa and then get a OPT work permit - then

get a H1B
- which is a general work permit and then the green card ( resident status).
Read it and then see if you want to do it Apply to get your post gradate or start your masters degree in any university in the US - that
has chemical engineering degrees or any other engineering degree you want.

International Students - Options After F1 Visa Graduation

What's on this page:
~ F1 to OPT - Optional Practical Training Process
~ Transfer from F1 to OPT to H1B Visa Status
~ Transfer from F1 to H1B to Green Card Status

We also have an additional Guide for F1 students:

- Getting from an F1 visa to an H1B visa directly (without OPT)
- What to look for in a good H1B Sponsor / employer.
- Documents needed to Change Status from F1 to H1B visa.
- How to find H1B Jobs with H1B Sponsor Companies.
* To View the F1 to H1B View Guide - Click Here

Introduction
An International student with a nonimmigrant F1 visa faces choices upon the completion of his/her
studies regarding future employment in the USA.
The student may return to their home country and begin to put his or her education to use. However,
many International students do not want to return home at this stage and desire the opportunity to
work in the United States.
This section provides an overview of employment options for F1 students who have just graduated
or have nearly completed their education program. This article will address the possibility of
Optional Practical Training after graduation, the possibility of obtaining an H1B work visa and the
possibility of further obtaining a Green Card and common situations that arise upon application for
the H1B and the green card.

F1 to OPT - Optional Practical Training

Upon graduation, the F1 student is likely already quite familiar with OPT (Optional Practical
Training). Students studying with an F1 visa are eligible to work in the USA under the OPT visa
program, which affords the student the opportunity to apply theoretical knowledge obtained in an

academic program to a practical work experience. Any employment opportunity that the student
encounters must be directly related to his or her major field of study in order to qualify as OPT. OPT
may be full or part time, depending on the circumstances and may take place anywhere in the
country.
An F1 student may apply to use OPT during vacation periods, during the academic year or after
completion of his or her studies. Students involved in graduate programs, i.e., those pursuing a
masters degree or Ph.D. which may include a thesis or dissertation requirement can apply for OPT
upon completion of all coursework. Any work under OPT must be endorsed by the institutions Office
of International Students and Scholars (OISS) and must be authorized by the BCIS (formerly the
INS) before the student can start working. In order to be eligible for OPT, the student must be
enrolled in a full course of study for at least one full academic year. Authorization for OPT can take
up to 90 days so applications for OPT should be submitted with this time lapse in mind.
No work can commence until the BCIS approves the application. Once the duration of OPT has
been consumed, the student is no longer eligible to stay in the United States without a change of
status. A common course for students at this point is to change their status to an H1B upon finding
a sponsoring employer (converting from F1 to OPT and then to H1B visa status).
Who is eligible for OPT?
F1 students must have been lawfully enrolled on a full-time basis at a USCIS/DHS approved school
for one full academic year before being eligible for OPT. Students in English language training are
not eligible for OPT.
Where can I use OPT?
Students may engage in OPT for any employer for the duration of OPT authorized, as long as the
employment qualifies under OPT standards. Training/work can be completed anywhere in the U.S.
after the OPT EAD card is issued.
How long does OPT last?
Standard OPT is available for a cumulative maximum of 12 months per educational level. A onetime extension of 17 months (for a total of 29 months) is available to certain STEM degree
recipients.
How many hours per week can I work?
Pre-completion OPT is limited to 20 hours per week while school is in session and the student still
has coursework to complete. Full-time employment can be requested for pre-completion OPT done
during official school breaks.
For post-completion OPT, a student must be employed for at least 20 hours per week. Students
requesting post-completion OPT may work 40 + hours per week.
Can I work anywhere?
The job must be directly related to and commensurate with the level of the students course of study.
Please see your academic advisor/professors for questions about which jobs will apply. It is very

important that you can document that the job you accept is directly related to your field of study.

http://h1base.com/visajobsearch.aspx

Getting From F1 to OPT to H1B Visa Status

The goal of most International students after they graduate is to remain in the USA to gain work
experience relevent to their degree studies. The H1B visa program is designed for and made
available to F1 students to achieve this goal. The USCIS even introduced a seperate H1B quota
(allocation of H1B visas) for International students.
F1 students can transfer / change status directly from F1 to H1B by obtaining a suitable H1B
sponsorship position with an H1B sponsor company. However, many students choose (or find
themselves requiring) to use the OPT visa program as an interim measure in the overall process of
getting to H1B visa status.
The H1B visa confers temporary worker status on the person who holds the visa. This visa is used
to hire a foreign national who is a professional for a temporary period of time. H1B positions often
appear at institutions of higher learning, but can be offered by any employer who needs the services
of a person in a specialty occupation who holds at least a four-year degree or the equivalent in
experience. Generally, three years of experience is equivalent to one year of education.
H1B status is initially granted for a maximum period of three years, but it can be extended for up to
six years. This six-year maximum remains in effect no matter how many employers the foreign
national has over this time period.
~ An H1B visa holder may also work part time.
The important thing for the H1B applicant to show is that the employee will be earning the prevailing
wage for that position in that geographic location. Prevailing wage varies by geographic location and
is determined by the county where the H1B worker will be working.
Once the H1B visa is approved, the person can only work for the position stated on the H1B
petition. If the person wishes to change employers, the new employer must file a new petition. An
applicant may begin working for a new employer as soon as the new employer has filed their
petition and subsequently received the official receipt from the USCIS.
Since the H1B status is employment based, this status will immediately end if the employment is
terminated. If the alien changes employers, the new employer must file, and the BCIS must have
received, the new petition before the date of termination of employment. If the alien is unable to
procure employment before termination, he must return to his or her country of origin. The original
employer is obliged to pay the aliens airfare back to his or her country, but this provision will not be
enforced by the BCIS. This is considered a contract matter between the alien and the now former
employer.

Once a student finds an employer willing to sponsor him/her for an H1B visa, the petition can be
filed. The USCIS offers expedited processing, known as Premium Processing for H1B cases. The
USCIS guarantees review of the cases submitted within 15 calendar days of receipt of the
application. This Premium Processing costs an additional $1000 in addition to the already steep
filing fees of $1130, but it is in the persons best interests to pay this extra fee. Without Premium
Processing, adjudication of the application could take anywhere from six months to three years.
In addition to the requirement that the employer pay the prevailing wage to the H1B visa holder and
the responsibility for paying airfare home should the position be terminated, the employer is
responsible for posting a Notice of H1B filing for ten days at each work site where the alien will
work. The employer must also maintain all conditions in the Labor Condition Application and the
petition, including payment of the stated salary.
H1B petitions can be submitted up to six months prior to the date of employment in the case of new
petitions. In the case of extensions of H1Bs, the petition should be filed within six months before
expiration of the initial H1B visa as the process can take four to six months to complete.
In order to receive approval for an H1B visa, the employer must first demonstrate to the USCIS that
it will be paying the applicant at least 95% of the prevailing wage. This is demonstrated with the
Labor Condition Application (LCA). The employer is also required to make certain attestations.
These attestations include the fact that the employment of H1-B workers will not adversely affect the
work conditions of U.S. workers, that when the LCA was filed, there was no strike, and that the H1B
worker will be given a copy of the LCA.
If the employer has over 50 employees, the employer is H1B dependent if at least 15% of the
workforce is comprised of H1B visa holders. If the employer has 26-50 employees, the employer is
H1B dependent if it employs more than 12 H1B workers. If the employer has 25 or fewer employers,
the employer is H1B dependent if it employs more than 7 H1B workers. If the employer is H1B
dependent, it has to make certain additional attestations not required by non-H1B dependent
employers.
The H1B dependent employer must attest that it has not and will not displace a United States
worker during the period from 90 days before the H1B visa petition is filed until 90 days after it has
been filed. The employer must also attest that it has taken good faith steps to recruit United States
workers for the job and that they have offered it to any United States worker who applied that was at
least as qualified as the H1B visa holder.
Once approved, the LCA is valid for three years. Once the LCA is approved, the petition needs to
establish that the employer has a legitimate need for a specialty occupation worker, that the position
offered is a specialty occupation and that the applicant is qualified for the position.
Newer and smaller companies may have a harder time establishing their need as the USCIS usually
requires tax returns and payroll records in order to show that it is able to pay the applicant.

Establishing that the position is a specialty occupation is generally straight-forward in the case of a
graduate from an accredited United States institution of higher learning. Complications may arise
when the position is not so easily categorized as a recognized specialty occupation for BCIS
purposes. In a case where the nature of the position is not obvious, many types of evidence may be
produced to establish that the position requires a person with a four-year degree. This may include
evidence of past employees in this position with four-year degrees or evidence that similarly situated
companies routinely hire persons with four-year degrees for this type of position.
Establishing the qualifications of the alien should NOT be difficult in the case of a graduating F1 visa
holder. By definition this person has been involved in a field of study at an accredited United States
university and a Credential Evaluation will most likely not be necessary. An alien with only an
Associates Degree may still be able to demonstrate that he or she is qualified for an H1-B visa if he
or she also has six years of experience in the field. In a case such as this, a Credential Evaluation
will be necessary. The attorney you hire can refer you to a Credential Evaluation firm.
It is becoming commonplace since 9/11 for the USCIS to ask for additional evidence in most
applications for any type of visa. For H1Bs, these Requests for Evidence (RFEs) have typically
asked for the same sort of evidence. The BCIS will want to see a detailed description of the work
done by the alien, including specific job duties, the percentage of time to be spent on each duty, the
level of responsibility of the alien, hours per week of work, types of employees supervised and the
minimum education, training, and experience necessary to do the job. The BCIS will also want the
employer to explain why the work done requires the services of a person who has a college degree
or its equivalent in the occupational field. |
|
Typically, an H1B RFE will ask the employer to provide evidence of the position requirements
in one of four ways:
1. The employer can show that a baccalaureate or higher degree or its equivalent is normally the
minimum requirement for entry in the particular position for the petitioners industry by providing
evidence that the petitioner and its competitors normally require a degree for the position offered.
2. The employer may also offer evidence that the degree requirement is common to the industry in
parallel positions among similar organizations or, in the alternative, an employer may show that its
particular position is so complex or unique that it can be performed only by an individual with a
degree by providing evidence that the petitioners competitors normally require degrees for closely
related positions. Or the petitioner may show a more detailed explanation of the duties.
3. The employer may also offer evidence that this particular employer normally requires a degree or
its equivalent for the position by providing employment histories including names and dates of
employment of those employees with degrees previously in that position.
4. The employer may also offer evidence that the nature of the specific duties is so specialized and
complex that knowledge required to perform the duties is usually associated with the attainment of a
bachelors degree or higher by showing a more detailed description of the duties.
Once the employer has satisfied the BCIS that the position offered is a specialty occupation, that
the alien has the qualifications, and that they are able and will be paying the prevailing wage, the
H1-B is granted. At this point, the alien will be entitled to work for up to six years in the United States
with this visa.

GETTING FROM F1 to H1B TO GREEN CARD

Once the F1 student has changed his or her status to that of H1B, he or she may wish to adjust his
or her status to that of lawful permanent resident, or green card holder. A green card can be
obtained by sponsorship by the H1B visa holders employer, or another one. If the person wishes to
apply for the green card, and the employer is willing to sponsor him or her, he or she should apply
for the Labor Certification with the Department of Labor as soon as possible.
~ Green Card processing through Labor Certification can take up to a few years to process.
~ Reduction in Recruitment (RIR) is a process that can theoretically speed this process up;
however, the reality since 9/11 is that the BCIS is approving less and less applications for RIR.
RIR is a process wherein Labor Certification can be obtained if the employer has conducted a good
faith effort to recruit United States workers for a period of six months prior to the filing of a labor
certification and failed to find a qualified United States worker. The Department of Labor may rely on
the employers efforts to forego recruitment under its supervision.
The Department of Labor provides a four-prong test for establishing a good RIR case.
~ If the employer can show that the job offered is in one of those occupations for which there is little
or no availability of qualified United States workers,
~ there are no restrictive requirements,
~ that they meet the prevailing wage and
~ that the employer has shown adequate recruitment through sources normal to the occupation and
industry within the previous six months, then the Department of Labor may approve the RIR.
If the RIR fails to be approved, as is becoming more frequent, the case does not fail. The case
merely falls back in place and treated as any other case, thus taking years to complete. For this
reason, it is prudent on the part of the H1-B visa holder to apply for the green card as early as
possible.
Once the employer has received an approved Labor Certification, the employer may apply to the
BCIS with the form I-140. The aliens spouse and children may be included in the petition.
Processing time at this stage can take three to eight months. Once the I-140 is approved, the next
step is for the alien to apply for Adjustment of Status. Once application is made for Adjustment of
Status, the alien and his or her spouse and children will receive work authorization within 90 days.
The alien will have an interview for the green card within six months to three years. Once the
interview is successfully completed, the alien and his or her family will receive their green cards and
become lawful permanent residents of the United States.