If your petition was not chosen in the H-1B lottery, you may have some options. If you are a STEM student, you may qualify for an additional 17 months OPT Employment Authorization Document extension. The extension will give you an opportunity to continue working and apply for an H-1B again the following year. If you […]
I am a student currently working for a U.S. company on my OPT. How soon should I contact my company to apply for an H-1B on my behalf?
As soon as possible. USCIS will start accepting filings of new H-1B petition on April 1, 2015. Your company and attorney need ample time to assess your case, gather the necessary documentation, and prepare the petition. If you are seeking to change your status to H-1B and are subject to the April 1 deadline, contact […]
I am the Director of Human Resources of a U.S. company. My company currently employs a student pursuant to his OPT. My company seeks to change his status to H-1B. What deadlines should I be aware of?
As a U.S. employer seeking to file an H-1B petition, you need to be aware of the April 1deadline. If you have employees who will need to change their current status to H-1B status on October 1, 2015, we strongly suggest starting the filing process as early as January of 2015. USCIS will start accepting […]
I am looking to hire a new employee. He/she is currently in an F-1, student status. What can I do to legally employ him/her?
First, you will need to check whether the student has applied for and been awarded Optional Practical Training (OPT) employment authorization. The OPT period is valid for 12 months. If the student graduated in a STEM field, he/she may be eligible for an additional 17 months extension. The student applies for the OPT at the […]
I am looking to hire a new employee. He/she is currently in a J-1 student status. Most of the student hires I have had in the past have been in an F-1, student status. How is the J-1 different from an F-1, student status?
The J-1 visa allows students to visit the United States as exchange visitors to perform a specific internship at the end of which, he/she must return to his/her home country. For employers, it is important to ask the J-1 holder whether he/she is subject to the two-year foreign residence requirement, pursuant to which, the J-1 […]