H-1B vs OPT
Have you guys ever heard of banks not accepting OPT (Optional Practical Tranining) for full-time offers?
I was recently told by my HR department that I need to obtain a H-1B visa (and not OPT) in order to join the 2009 Full-Time Analyst Class. This is at a large BB bank.
The problem is the H-1B visa application deadline is April 1, and I don't graduate from my university until May 9. Since I was told I needed proof of degree completion for the H-1B application, I am not sure how to tackle this situation? What all documents are required for the H-1B application?
I am sure that I am not the first one caught in this predicament.
Thanks for your help
From my understanding OPT is only per degree. For a FT offer you should have an H-1B.
Could you clarify that please?
http://en.wikipedia.org/wiki/OPT
"Optional Practical Training (OPT) is a period during which undergraduate and graduate students in F-1 status who have completed or have been pursuing their degrees for more than 9 months are permitted by the United States Citizenship and Immigration Services (USCIS) to work for at most one year on a student visa without needing to acquire a work H-1B visa towards getting a practical training to complement their field of studies."
I didn't need the definition, I was merely asking tuaj to elaborate on his post. I am still not sure why my bank will not allow me to use my OPT for at least one year in case my H-1B application does not go through. I am pretty sure that most international students in the past have used OPT for full-time work in the US.
As you know, you have 12 months of work eligibility per degree. But once you complete your degree you forfeit that work eligibility and have to apply for a work Visa H-1B. What exactly did you firm tell you?
"I was recently told by my HR department that I need to obtain a H-1B Visa (and not OPT) in order to join the 2009 Full-Time Analyst Class"
Yes, that's correct. But I would've thought that they would have given you some form of letter to send in with your application. Call up USCIS and see what they say.
I have heard from friends that a lot of banks did not accept OPT for full time offers, but actually told them really late and they couldn't get H1-B anymore and the banks rescinded their offers for this year. I have heard this from two people. I think the main reason is that you only have a limited work permit for 9 months (but didn't it get extended for certain degrees?) and they want to make sure you have a work permit for at least 2 years. But I have also heard rumors that banks are just using this as an excuse in order to get rid of people that they overhired. Getting H1-B could be really tough given that there is a cap on the numbers and I think it might also be by lottery. So I am surprised your bank is not trying to help you more in this process, and you I think that should worry you. At any rate, I would talk to your bank and my piece of advice to you would be to ask them whether they could put you in an int'l office if you don't get H1-B (which is a real possiblity). That way you would still have a job even it's not in the US.
I agree with Gini. Something similar happened to a friend who didn't get an H1-B in time and his BB moved him to another international office. But the OPT will definitely not fly for the FT.
So does it mean intl kids would never get be able to work FT in US?
No it means once you get an FT you need to contact HR and USCIS pretty soon because it takes a while for it to get processed. They say 6-8 weeks for OPT, no idea about H1B.
Thanks for the feedback, but just to be clear, why do you say that "the OPT will definitely not fly for the FT"?
I thought OPT was always used by international students who did not obtain their H-1B visas on time.
I know OPT is only valid for one year, but with the new "cap gap" extension, one could work for 24 months uninterrupted if the H-1B Visa application is filed on time and if it goes through the following fiscal year (2010).
even if you get the h1b, it will kick in (i.e be effective from october). therefore, your bank will have to let you use OPT from july (or whenever you start) till october. to the OP, i responded to your pm, let me know if you have any other questions, happy to help
P.S. The bank should contact you regarding your immigration status after acceptance of the offer but way before April (in my case, in January, a month after accepting the offer). My bank sponsored H1B petitions for all 1st years. I sent required materials on my side by the end of March to HR. They had a law firm prepare and mail the petition package as soon as USCIS started accepting them (April 1). I was selected in the lottery but the law firm got me a request for supplementary materials from USCIS. I sent them over. Then it was approved in May.
I'm using OPT from July to September. My status will automatically change to H1B on Oct 1.
How much pull to you think one's group has in a matter like this? I mean, would talking to my MD, VP, Project Manager, Staffer, etc, help in order to figure something out for my Visa or OPT for next year? Do they have any say in this or is this strictly a HR/Business Manager/COO type decision?
As far as I know it really just depends on whether you get the H1B, which in the end won't have too much to do with your bank, since it just depends on luck as I believe that H1B is also given by lottery, so there are lots of people who file each year and don't get it since there is a cap on how many are given out each year. So, unless someone at the bank has other ways of getting things done with USCIS, it wouldn't really help I think. BUT, you should definitley talk to them very early on about moving you to an int'l office if you don't get H1B, and in that regard talking to your group will most definitley help. OPT is generally not accepted by banks, even with the extension as far as I have heard. Why that is, I have no idea really. With H1B there is a real chance that you won't get it, so having someone at your bank who can get you a position outside of the US if necessary would be really important.
If it is one of the STEM degrees, then you get a 29 month OPT. If you are pursuing anything else, the cap-gap relief is typically 2 to 4 months and not 24 months. Moreover the cap-gap relief was enacted only for this year and no one knows if USCIS will do the same next year. The problem with a non STEM OPT is that if USCIS does not enact cap-gap relief, you will be out of status and cannot work for any employer. Since you are graduating in May, I assume your OPT will start from June 09 through May 10. Your application for the 2009 H1-B quota has to be filed before 4/1/2009. If you dont make this deadline, you will be filing it in 4/1/2010 and your H1-B (if approved through the lottery) will be valid 10/1/2010. The other problem is that the last 2 years there has been a lottery for the H1-B and this year even the master's quota was lottery based. There is no sign that it will go to a non-lottery based format in the future and hence every recruiter is suddenly aware of these issues.
Actually there is, at least for the people studying in the US:
Obama: "We should allow immigrants who earn their degrees in the U.S. to stay, work, and become Americans over time."
McCain also said he'd continue to support H1-B visas, but his comment about securing the borders seemed a little ominous to me.
That's the first sensible thing Obama has said ALL YEAR. A country's competitive advantage comes from a highly competent, educated workforce. Deport all the illegal aliens and let people who studied here stay.
"We are lawyers! We sue people! Occasionally, we get aggressive and garnish wages, but WE DO NOT ABDUCT!" -Boston Legal-
does the 29 month extention apply to someone who has a double major in finance and math? i will be graduating from a business school but my degree will say both finance and math...
good job Fishsail!
hope everyone else on here gets the H1b too!
Fishsail, you have a PM
So obviously solely relying on OPT for next year will not work (except for the few months between June and October in case I do get my H-1B).
Now, how do you think I should handle the situation that the H-1B application is in April and I am not scheduled to graduate until May? I know this must be a common problem for international students because I doubt many schools have spring graduation before April. There has to be a way around this and a chance to work with one's HR/law firm/bank/school to find an alternative? Perhaps there is a certificate or something one can obtain stating that one is "on time to graduate"?
What are your experiences with this?
btw, thanks for the feedback everyone. This is so important to me and I just want to make sure I make the right decisions.
Based on your answers to the following questions, you can avail of a few options.
Option 1:If you had an approved H1-B petition at any time in the past 6 years, you do NOT fall under the current H1-B quota. Search for "remainder time" on the USCIS website. Your H1-B is pretty much guaranteed under this option. The best part is you can specify the exact date on which you want your H1 to kick in. I used this option at my current gig and my H1B kicked into effect in July when my OPT expired.
Option 2: If you have not used up any CPT time as yet, sign up for an independent study with a professor who knows you well. You will need to keep this course "incomplete". Apply for a CPT, this will let you work FT at any firm. The only catch is if your total CPT exceeds 365 days or more, you are not eligible for an OPT. You should be able to work on the CPT and keep working on your independent study at the same time. Since you may or may not be able to make the 4/1/2008 deadline to file your H1, you can complete your independent study some time Oct-Nov and graduate in Dec 2009. This is what your time line will look like
PM me if you need to discuss.
Good luck
quagmire,
Check with your DSO/ISO. Math is a part of STEM so you might be eligible for a 29 month OPT.
Roundabout, I do hope that the problem is addressed. Right now the only option is to increase the quota (65 k general and 20k US masters) and I have my own doubts on how that will fly. In any case, I doubt any concrete decision will be taken on this in the next 2 years.
To pdude: Do you have personal experience of this CPT trick working? Because a friend of mine tried that and it didn't fly with his bank for two reasons: 1. he had been scheduled to graduate in May, not the following December and they wouldn't accept that. 2. They didn't allow him to be on CPT. Basically they said H1B or nothing.
Is the process any different for MBA students? When recruiting is over and you have an offer, at what point to you apply for the H1B?
Gini, I personally know of 3 friends at 3 different firms, who are using this option right now. They are working FT positions. I guess it depends on the firm you are dealing with.
Taylorman, MBA students are not eligible for the 29 month OPT. USCIS opens the H1-B application window on the 1st of April every year. In the last 2 years the window was open only for a day as they received more than 65k applications. If your H1-B is approved, it is valid from 10/1 of that year. If you are applying for the H1-B based on your undergrad credentials, you can apply on 4/1. If you are using your MBA to apply, you need to have graduated before 4/1 to be eligible for the Master's quota (20K visas). There have been cases when a H1-B petition was approved under the master's quota before the person graduated, but thats more of an exception than the rule. I think this year USCIS insisted that you should graduate before applying in the master's quota.
So when say a company makes you an offer midway through your second year (i.e. after you've finished an internship with them), you have to wait more than 8 months after you've graduated (say July) to apply under the Master's H1B quota? I presume MBA students still get the 12 month standard OPT time to work in the States, right?
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