If I only have 12 months of OPT and don't get a H1B visa, do I have to repay the signing bonus (considering it has a 2 year clawback) and do I get an end of year bonus if bonuses get paid in August and I would have worked June to June...? I am trying to understand how covered I am since I would not have chosen to leave I just would not have gotten a visa...? Thanks
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thoughts?
International students typically get different contracts as the firm is aware or their unique requirements. Leaving due to the lack of a visa/work permit is not resigning, therefore discuss your contract with your HR business partner.
One example is that the end date of the employment contract would be the last day of the OPT, they can't give you a longer contract as you are not legally allowed to live/work in the country without sponsorship.
Please also note that even with OPT, you are still a student on a student visa called F1. It is (to my knowledge) not business practice to hire F1 students "permanently" as nobody would know whether they will/can stay with the firm. H1b changes the game, as you would then at least be able to stay for two three year terms.
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