OPT to H1B Checklist

Principal

Passport all pages (All Passports)

Latest I-94 (Front and Back)

Degree Certificates and Transcripts (Mark Sheets)

All SEVIS I-20s

Experience / Reference Letters (if any)

Resume

SS Card

H1B Employer-Employee Relationship Documents (We will send these to you)

Signed Employment Contract (We will send this to you)

H4 - Spouse

Passport all pages (All Passports)

Latest I-94 (Front and Back)

Marriage Certificate

H4- Children

Passport all pages

Latest I-94 (Front and Back)*

Birth Certificate

OPT H1B CAP GAP EXTENSION FAQ

OPT H1B CAP GAP EXTENSION FAQ 

F1 students are eligible to stay in the US and OPT work authorization will be extended for a student authorized for OPT, who is the beneficiary of a timely-filed H1B petition being considered in the “lottery” with a requested employment start date of October 1, after fiscal year 2008. The F1 student status and work authorization will automatically terminate upon the rejection, denial, or revocation of the H1B petition filed on the student's behalf.  

The date the USCIS Service Center receives a properly filed Form I-129, Petition for a Nonimmigrant Worker, naming the student as a beneficiary of the petition from the prospective employer starts the period of “Cap Gap” F1 extension. The cap gap extension starts when the student’s current period of F1 status ends, regardless of whether the student was in a period of OPT. If the student is in their “grace period” the day the service center receives the I-129, then the extension of status starts on the day after the student’s initial grace period expires.  

Can I work during the cap gap extension if my I-129 H1B application was received during my 60 day grace period? 

No. In order for a student to have employment authorization during the cap gap extension, the student must be in an approved period of OPT on the date the I-129 application was received. 

Do I need to file an application to receive a cap gap extension? 

No. The extension is granted at no cost. However, F1 students must provide a copy of the I-797 to the DSO/International Advisor of any approved, pending, or wait listed I-129 listing them as the beneficiary. It is important to note that although the law automatically grants an extension, the SEVIS record will likely not show the extension. As a result, to ensure that the International Student Advisors can issue you a new I-20 documenting the appropriate “Cap Gap” extension, students must provide a copy of the I-797 to the DSO/ International Advisor  of any approved, pending, or wait listed I-129 application listing them as the beneficiary.  Due to the software incompatibilities with SEVIS as a result of the required transfer of electronic information, students will receive “cap gap” I-20 extensions in increments, as the petition goes through the steps of filing, receipting, and adjudication. 

A student whose employer properly filed an H1B petition that is being considered in the “lottery” will 

have his or her OPT extended to June 2, 2008, and F-1 status extended to August 2, 2008 (petitions with 

a receipt notice). ƒ A student whose employer filed a H1B petition that has been wait listed will have his or her OPT extended to July 28, 2008, and F-1 status extended to September 27, 2008 (USCIS will issue a letter to the employer indicating wait list status) 

A student whose employer filed a H1B petition that is approved will have his or her OPT and F-1 status 

extended to September 30, 2008 (USCIS will issue an approval notice) 

A student whose H-1B petition is withdrawn or denied will have his or her OPT extension terminate 10 

days after the date of the withdrawal or denial and their F-1 status extension will end 30 days after that. 

Termination of the extension will not shorten the student’s 12 month authorized period of OPT, as shown on the student’s employment authorization document or the student’s original period of F-1 status. 

How will F1 students know they have a cap gap extension? 

Students must remain in contact with the employer that filed the Form I-129 (Petition for an H1B Nonimmigrant Worker) on their behalf and with their DSO. Until USCIS issues receipt notices, only the petitioning employer will know when the application was properly filed or wait listed. The student may obtain evidence from the employer for either of these two events and submit the UAH SEVIS Update form to the DSO to initiate the process to obtain a new I-20 showing the “cap gap” extension.  When USCIS has approved an H-1B petition, the information is supposed to be entered into CLAIMS (the system used by the USCIS Service Centers) and it is used to update SEVIS. However, there are cases where the data from the interface does not properly update SEVIS. For this reason, we suggest that all F1 students submit 

the SEVIS Update form and documentation of the H1B petition being filed. This will ensure that the DSO has the information necessary to contact immigration and get the SEVIS record updated with the extension. 

What do I need to submit to UAH so my DSO can request a SEVIS data fix? 

1) The SEVIS Update form and the appropriate documentation listed below: 

a.  For a properly filed H-1B petition

i. A statement from the employer that the student is the beneficiary listed on a properly filed H-

1B petition 

ii. Proof of delivery to a USCIS Service Center showing the date of receipt 

b.  For a wait listed H-1B petition

i. A copy of the wait list letter from USCIS to the employer 

c.  For a receipted or approved H-1B application

i.  A copy of the receipt (Form I-797) and/or the receipt number

Can I travel outside the United States during a cap gap extension period and  return in F-1 status? 

Yes, if your EAD will be valid upon your return. If the EAD will expire prior to your return, then you must 

obtain an H-1B visa to return to the United States to assume H-1B employment. 

Do the limits on unemployment time apply to the cap gap extension? 

Yes. The 90 day limitation on unemployment continues during the cap gap extension. 

What I need to report to my DSO while authorized for a cap gap extension? 

As with all students on post-completion OPT, you must report any change of address within 10 days, any legal name change, and interruptions of employment.  

Are there restrictions on the type of employment for cap gap OPT? 

All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program. Students must be able to provide evidence showing the relationship of the work to their field of study and that they worked an average of at least 20 hours per week. There are two types of eligible employment (not applicable for STEM extension OPT): Paid employment. Work may be part time or full time although it is expected that the student pursue full time employment while authorized for OPT. ƒ Single employer. One employer that pays you (even if your physical location of work changes). This includes employment through an agency.  

Multiple employers. More than one employer (receive separate paychecks from each employer).  

Short-term multiple employers. Students, such as musicians and other performing artists may work for  multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by immigration, students must be prepared to provide evidence showing a list of all gigs. 

Contract Employee/Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by immigration, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. 

Self-employed business owner. Students on OPT may start a business and be self-employed. In this situation, the student must work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. Unpaid employment. Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment. 

F1 to OPT to H1B Process

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 master’s 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 institution’s 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 one-time 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 student’s 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.

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 alien’s 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 person’s 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 Associate’s 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 petitioner’s 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 petitioner’s 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 bachelor’s 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. 

OPT - CPT Employment Benefits

Call  (800) 454-3936 or Send a request

We offer full range of employee benefits, please take a moment to review all the available benefits. If you require any additional benefits not listed below, please speak to a Specialist at (732) 238-2122 and we will work with you to provide any other benefits available in the Industry.

• Flexible Salary Packages - Salaried or hourly (Full time or Split)
• Paid vacation (applicable to full time employees only)
• Health Insurance with Vision and Dental Insurance
• Short and Long Term Disability Insurance
• Flexible Spending Accounts (FSA)
• 401(K)enrollment
• Access to our Servers for Training
• Free Training and Technical Training Allowance
• Paid Time Off (Holiday, Vacation, Sick, Personal)
• Free Sponsorship of H1B and Green Card (if needed)
• Referral and Incentive Bonus
• Relocation Assistance (if needed)

Salary Review

We review salaries for all employees every 6 Months or after one project, whichever is longer.

Salary Payments

Salaries will be paid via direct deposit every Month with no pay period lag.(Optional: Weekly, Bi-Weekly)

Overtime

We will pay overtime for all the hours actually worked beyond standard 40 hours and approved.

Bonus Policy

We have been providing bonuses based on overall company and employee performance. All Full Time employees will get this benefit.

401K Plan

Employees are eligible to participate in our401(k)plan.

Paid Vacation

Full time employees are eligible for 2 weeks of paid vacation upon completion of 1600 hours of Employment. Any unused paid vacation will be rolled over to the next year.

Relocation

The company provides two weeks of hotel accommodation and car rental if needed, when an employee is moved from one project to another out-of-state project. All moving expenses will be reimbursed based on an actual basis with original receipts. The company also reimburses the cost associated with changing car registration, driver's license and transportation costs incurred for interviews when original receipts are provided.

Health Insurance

We provide Insurance coverage by Major Carriers. Most of the plans provide nationwide and In Network Coverage. We request to read the details of coverage carefully and clarify any questions with our health insurance coordinator.

Continuing education

We will pay upto $1000.00 for continuing education after completion of 1600 hours of employment. All Training and test fee must be approved by your Manager. All professional certification tests like Microsoft, Sun, SAP or Oracle are fully reimbursed upon successful completion.