How Do International F1 OPT Students apply for H1b Visa? Apply These Techniques to avoid the mistakes in the H1B Visa petition!

Introduction

Looking for an opportunity that can lift your career as an international student in the USA? If yes, then this blog is for you.

We have discussed what an H1b visa can offer to an international student in the USA. H1b visa is a non-immigrant employment-based US visa that can offer amazing career opportunities to international students living in the USA.

International Students on F1 Visa often thinks that it is not easy to obtain a green card in the US after the restricting rules of the Trump admin. But the new president has introduced new immigration bills that are in favor of both, the economy of the USA and the outsiders (international students, employees) who wants to work and reside in the USA. Read the whole blog to understand the amazing opportunities that are available for international students in the USA.

What is H1B Visa and How does it work?

The H1B visa is a non-immigrant that allows American companies to temporarily employ degree level worker in a specialty occupation that required theoretical and technical skill in the most important field such as Information Technology (IT), Mathematics, Science, Engineer, Architecture, Finance, Accounting, Medicine, etc. People applying for an H1b visa usually hold a bachelor’s or a master’s degree. If you don’t have a graduate-level or a higher level of you may be able to show degree course equivalence through work experience and other qualifications.

International Students in the USA can also apply for an H1b visa if they have successfully landed a job offer from an employer who is willing to sponsor them and handle all types of expenses for them. However, H1b visa sponsors are those employers who are looking for experienced and highly skilled candidates for a job role in their company. International Students in the USA who have done OPT jobs for 3 years can get a job offer providing them H1b sponsorship easily. The initial period of OPT jobs for international students is 12 months and it is extendable for 2 years if the job and education program of that student falls under the SCIENCE.TECHNOLOGY. ENGINEERING.MATHEMATICS category. It is called the STEM OPT extension program and it is very beneficial because it will provide you 2 more years to work in the USA. After completing the 3 years of working in the USA under OPT and STEM OPT program, you will hold a valuable amount of professional work experience which is more than enough to land on an H1b visa sponsorship job. An employee with an H1B visa can remain in the United States for up to 6 years. It’s initially for 3 years but if we want it to be extended for additional 3 years that is valid for an H1B visa.

An H1b visa is more beneficial to International Students coming to study in the USA when compared to an international employer. It is beneficial for US employers also to hire international students. Employers in the USA think that hiring highly-skilled International students who have already worked in the US job market for 3 years during their OPT jobs program is more beneficial to their company.

International Students often worry that they will not be able to obtain Green Card or Permanent Resident status in the USA, but it is possible if you have a complete roadmap of what you are going to and how you are going to do in the US. International students get a total of three years to work in the USA on an F1 visa without changing the status with the help of OPT and STEM OPT jobs. After that, they can get an H1b visa sponsorship job in the USA through their existing or any other American employer. To obtain an American Green Card, you will have to stay and work legally in the US for 6 years. Now, here it comes. You can work on OPT and STEM OPT programs for three years and then get an H1b visa sponsorship job for 3 years. If you are successful in landing an internship providing you H1b visa sponsorship after completing your studies then also you have a chance to work over there for three years as it is the initial period of an H1b visa according to the new law, after that you can extend it for 3 more years and with the completion of 6 years on an H1b visa, you can apply for a US Green Card. You just have to lawfully reside for 6 consistent years in the USA before your Green Card Application.

International Students should work hard and develop highly in-demand skills while doing OPT jobs so they can get an H1b visa sponsorship job easily. You have to do extra if you want extra, and obtaining a US permanent resident status is not a joke. The USA is tough when it comes to immigration laws. OPT jobs and H1b visas are the best ways to obtain a US Green Card.

The H1B visa duration is limited to six years. But if someone wants to come again on an H1B visa then one has to stay outside of the United State of America for at least one year before reentering. May be eligible for extension beyond six years if their green card process and labor are pending for more than 1 year.

The typical process to obtain an H1b visa is to qualify for it according to the eligibility criteria. A working person gets a Labor Condition Application (LCA) approval from the Department of Labor in the United State. A United States worker should file an H1B petition to the USCIS and wait for the lottery system to announce the result. If the petition is successfully approved by the USCIS, then the lottery results will show the application of that petitioner as a success. Foreign employer must apply for the visa and get the stamping at the application in the United States Consulate in his or her home country. Come to the United States and work for your preferred employer. H1B visa is subject to allowed. Each applicant must have a valid passport and need to complete the visa application form that appears for the visa interview at the nearest applicable United States consulate in their home country and after pay the fee.

Why the government is so concerned with the way the H1B visa program is selecting the employees is the reason for the minimum salary. This program makes sure that not only the employers but also the employees get the right type of care when it comes to payment and salary. The new wages system will make sure that people are getting paid enough for their experience and hard- work.

H1b visa is one of the best types of employment-based US visa because of the overwhelming benefits it offers. The permit granted non-immigrants to work legally in the United State of America, So, having a better time supporting their family. But not a get-can visa for everyone as there is a lottery system and not everyone is lucky enough to get this visa. Furthermore, the H1B visa interests international students and non-citizens as the salary of an H1b visa holder is great. International students are already provided with three years for OPT jobs and an H1b visa job is like the cherry on the cake.

H1B Visa New-Wage Rule 2021 Implemented by Joe Biden

The president of the United State of America Donald Trump released an executive order on June 22nd,2020 restricting foreign nations from outside the United State from using certain short-time employment base visas through the end of the year and extending a green card ban exacted from April to December 31st. The new rule of H1B visa has made it mandatory for United States employers to pay foreign workers a higher among of the existing wage.

The 46th chosen leader of the United States Joe Biden will update the entire H1b visa choice taken by the Trump organization which was to suspend the H1b visa to secure the positions for Americans. The Trump organization was dismissing any sort of work visa for the U.S. Be that as it may, the consequences of the political decision made a huge difference and the game was in Joe Biden's hand. Joe Biden said that not allowing a chance to the exceptionally gifted laborers undermines the development and seriousness of the U.S. There are two significant changes that Joe Biden needs and that is to expand the number of visas for profoundly gifted laborers and eliminate the breaking point on the work-based visa.

The H1b visa that builds highly talented specialists in the U.S is a non-settler visa that permits American Employers to enlist exceptionally gifted global laborers in the U.S for work jobs that require specialized or hypothetical mastery. Trump's organization denied giving a business-based visa that is otherwise called the green card which additionally permits the travelers to acquire a lasting home in the U.S if the individual needs to work in a gifted territory.

Trump's organization was not doing anything great with the movement approaches. American organizations employ a great many specialized specialists for their association as they don't get sufficient master labor in the U.S. Specialized specialists from India, China, and numerous different nations go after positions in the U.S to get an H1b visa. American Tech organizations get a lot of advantages from the profoundly gifted specialists they employ from outside the U.S. Trump organization accepts that an H1b visa or some other work visa ought to be restricted in the pandemic circumstance as the U.S economy has additionally confronted an immense misfortune. Trump accepts that H1b and the wide range of various work visas are taking positions of American residents. Joe Biden feels that migration is vital as the U.S Employers recruit a great many splendid and exceptionally gifted individuals for their organization in the U.S. Joe Biden did a few changes and made another arrangement which is better for everybody from the individuals who need to move to America, the U.S government itself, and the American residents.

The New cycle and rules for the H1b visa are stunning. This standard will resuscitate the U.S economy up to certain focuses. This standard is a pay-based framework which is the main thing of this new interaction. This new framework will make dreams work out as expected for a large number of individuals on the off chance that it happens. In any case, Congress ought to concur with Joe Biden for this and Biden says that regardless of whether he neglects to get the enactment passed he conveys the force and an administration that will be quicker handling migration giving government. This expulsion of the visa boycott will join individuals with their families. The Current application interaction and choice for other relatives are awful. It can isolate families for a long period of time. Joe Biden feels that it is vital to rejoin families on U.S soil. Joe Biden needs the American government and bosses to treat exceptionally talented specialists similarly and not the race, religion, and beginning of an individual.

The New H1b cycle will offer the need to pay and abilities rather than the lottery framework which is being used right now. The point is to ensure the monetary interest of exceptionally gifted unfamiliar specialists and U.S residents from this program so the U.S economy can move further. The standard will be actualized following 60 days of its distribution in the government register. This standard will be material for both the H1b Regular Cap and H1b postgraduate education exclusion. However, this won't change the request as it is set up by the H1b enrollment as the last guideline.

You can apply for an h1b and you will get 3 years of H1b visa and you will want to expand that visa for 3 additional years. This is the defining moment of life for such countless individuals. You can work for an aggregate of 6 years and from that point onward, you can apply for the Green card otherwise called the lasting residency of the U.S. You will want to welcome wards on an (H4) visa that is intended to get wards while coming to work the U.S. They can remain here as long as you can work legitimately in the U.S. You can have more than one manager if every one of your bosses favors your I-129 request.

List of the companies that sponsor OPT, students

What are the Documents required to apply for an H1b visa?

These are the fundamental reports you should be set up with to get your H1b Visa stepped.

• The appeal for nonimmigrant laborer I-129

• Original H1b Visa endorsement notice I-797 Form

• DS-160 standardized tag Confirmation

• The letter of the arrangement plan

• H characterization supplement to frame I-129

• H1b information assortment and recording charge exception supplement

• H1b Visa appeal letter, which your manager accommodates you

• Labor condition application for H1b and H1B1 non-settlers

• Employment check letter

• Paycheck for in any event the most recent 3 months (on the off chance that you used to chip away at an H1b visa)

• Monthly bank articulations of the most recent 3 months, Bank of America gives movement letters.

What kind of Educational Documents required to apply for H1B Visa?

Bring all the educational documents with you while coming to the U.S for a job on H1b.

• Official transcript from your undergraduate and/or graduate universities

• Official transcript any other diploma or certification you have might have done in the past

• Original I-20s forms, just in case you have an American degree

• OPT or EAD card (if necessary)

You should have these documents to apply for H1B Visa!

• Driver’s license

• Client letter

• 1040s tax returns

• W2 Tax forms for at least of the last 2 years

For a spouse and dependent children, bring the following documents

• Photocopy of the primary applicant’s legitimate visa, if the submission is separate.

• Original birth certificate for every child

• Original marriage certificate alongside your whole wedding ceremony photograph album.

• The original notice of action from I-797 of the main applicant

• Form I-129 of the main applicant

• A copy of Form I-797

FAQs on Employment-Based H1b visa by International students.

Q1. Can I stay for more than 6 years on a single H1b visa?

No. you will have to leave the USA for 1 year if you have utilized the whole period of 6 years on an H1b visa. Though you can apply for a permanent resident status or green card after residing for 6 years in the USA.

Q2. Is optional training program/OPT job program necessary before applying for an H1b visa for an international student?

No. If you are successful in getting a job offer from an American employer then you can apply for an H1b visa as it is an employment-based visa. OPT and STEM OPT jobs will provide you 3 years to legally work in the USA so it is an additional benefit to the international students in the USA.

Q3. Can I get an H1b visa without a job offer from an American employer?

No. H1b visa is an employment-based work visa that is issued for those who are invited to work in the USA by an American employer.

Q4. Can I study on an H1b visa?

Yes. You can definitely study on an H1b visa. You can apply for a full-time or part-time course as it totally depends on you.

Q5. Can I bring my parents on an H4 visa if I am holding a valid H1b visa?

No. Only your immediate family members like spouse or children under the age of 21 can apply for an H4 visa and live with you as a dependent in the USA.

Q6. Can you apply for H1B while on OPT?

OPT Students are most welcomed to apply for H1B Visa after completing the Graduation or Master education. They need to find those kind of companies who can sponsor there H1B Visa

Conclusion :

International students should apply for an H1b visa as it’s a great opportunity if they are willing to stay in the USA. H1b visa is like a gateway for the application of permanent resident status or Green Card of US for an international student. If you are an international student in the USA willing to achieve permanent status, then you should prepare for H1b job interviews and get a job, and if you are just looking for an extension of several years then also H1b visa is the answer for you. If you are new to the country as an international student then you should go for OPT jobs first. The US is a country that has a lot to offer, but only if you are willing to work hard for it. United OPT provides H1b and OPT jobs to international students and employers looking for an opportunity that can make their life. Reach our team to achieve your American dream.

  1. Clara Michael

    Clara Michael is a Career Counsellor and Legal advisor at United OPT. she has very good working experience with OPT, CPT and H1B candidates. She has a vast knowledge of recruitment and immigration laws. Through her experience and knowledge, she is giving her best to support the international student community in the USA. Do share the article if you like it.