OPT & H1 Visa, Attn. Sylvia
Apr 30th 2003, 9:06 am
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OPT & H1 Visa, Attn. Sylvia
Hello Sylvia.
In my previous message you've given me lots of helpful advices on H1 and GC application for university instructor. The link of my post is:
http://britishexpats.com/forum/showt...hreadid=131963
Can you help me on the following questions please?
In last post you mentioned the university that my husband will work for after his graduation should file H1 application for him right away asking for the 8/15/03 start date.
1. Do you mean if the university file 1-129 for him now (let’s say in May) and ask for his start working date (in August); the I-129 will be approved without $1000 premium processing or the over 6 months long waiting period, and it will be approved fast enough that my husband can work in August ?
2. My husband is holding F1 student visa now. If the university agrees to file 1-129 using premium processing in early July, Is it possible for him to transfer from F1 to H1 and starts working in August without applying OPT, and without leaving the country to apply H1?
3. Let’s assume that my husband has to apply for OPT. (He is eligible to apply for OPT). Do you know how long it will take for Vermont Service center to approve it if he applies in early May? I heard that we can pick up temporary EAD card from local INS office after 90 days. We have to move to another state where my husband will start his teaching job. If we did not receive EAD card by early August, can we pick up the temporary EAD card from the local INS of that state instead of the one where my husband is currently studying and living in?
In my previous message you've given me lots of helpful advices on H1 and GC application for university instructor. The link of my post is:
http://britishexpats.com/forum/showt...hreadid=131963
Can you help me on the following questions please?
In last post you mentioned the university that my husband will work for after his graduation should file H1 application for him right away asking for the 8/15/03 start date.
1. Do you mean if the university file 1-129 for him now (let’s say in May) and ask for his start working date (in August); the I-129 will be approved without $1000 premium processing or the over 6 months long waiting period, and it will be approved fast enough that my husband can work in August ?
2. My husband is holding F1 student visa now. If the university agrees to file 1-129 using premium processing in early July, Is it possible for him to transfer from F1 to H1 and starts working in August without applying OPT, and without leaving the country to apply H1?
3. Let’s assume that my husband has to apply for OPT. (He is eligible to apply for OPT). Do you know how long it will take for Vermont Service center to approve it if he applies in early May? I heard that we can pick up temporary EAD card from local INS office after 90 days. We have to move to another state where my husband will start his teaching job. If we did not receive EAD card by early August, can we pick up the temporary EAD card from the local INS of that state instead of the one where my husband is currently studying and living in?
Apr 30th 2003, 10:25 am
#2
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Re: OPT & H1 Visa, Attn. Sylvia
"mqqd" wrote in message
news:[email protected]...
> Hello Sylvia.
> In my previous message you've given me lots of helpful advices on H1 and
> GC application for university instructor. The link of my post is:
> ]http://britishexpats.com/forum/showt...=&threadid=13-
> 1963[/url]
> Can you help me on the following questions please?
> In last post you mentioned the university that my husband will work for
> after his graduation should file H1 application for him right away
> asking for the 8/15/03 start date.
> 1. Do you mean if the university file 1-129 for him now (let's say in
> May) and ask for his start working date (in August); the I-129 will
> be approved without $1000 premium processing or the over 6 months
> long waiting period, and it will be approved fast enough that my
> husband can work in August ?
Maybe. It depends on the usual processing for the particular BCIS Service
Center at which the I-129 will be filed. See
http://www.shusterman.com/toc-sc.html. At the BCIS California Service
Center, the H-1B petition requesting change of status is taking almost 7
months from filing to approval.
I see you will use the Vermont Service Center. Even that appears to be
taking 4 months or so.
> 2. My husband is holding F1 student visa now. If the university agrees
> to file 1-129 using premium processing in early July, Is it possible
> for him to transfer from F1 to H1 and starts working in August
> without applying OPT, and without leaving the country to apply H1?
Yes.
> 3. Let's assume that my husband has to apply for OPT. (He is eligible
> to apply for OPT). Do you know how long it will take for Vermont
> Service center to approve it if he applies in early May?
http://www.shusterman.com/pdf/vsc.pdf seems to say that the I-765 (other) is
taking perhaps 3 and 1/2 months. It's hard to tell because the report is
not clearly dated.
I heard
> that we can pick up temporary EAD card from local INS office after
> 90 days. We have to move to another state where my husband will
> start his teaching job. If we did not receive EAD card by early
> August, can we pick up the temporary EAD card from the local INS of
> that state instead of the one where my husband is currently studying
> and living in?
I think he probably can. The particular BCIS District Office may give him
some trouble, but if he gets his new Congressperson to intervene on his
behalf, he can probably prevail.
news:[email protected]...
> Hello Sylvia.
> In my previous message you've given me lots of helpful advices on H1 and
> GC application for university instructor. The link of my post is:
> ]http://britishexpats.com/forum/showt...=&threadid=13-
> 1963[/url]
> Can you help me on the following questions please?
> In last post you mentioned the university that my husband will work for
> after his graduation should file H1 application for him right away
> asking for the 8/15/03 start date.
> 1. Do you mean if the university file 1-129 for him now (let's say in
> May) and ask for his start working date (in August); the I-129 will
> be approved without $1000 premium processing or the over 6 months
> long waiting period, and it will be approved fast enough that my
> husband can work in August ?
Maybe. It depends on the usual processing for the particular BCIS Service
Center at which the I-129 will be filed. See
http://www.shusterman.com/toc-sc.html. At the BCIS California Service
Center, the H-1B petition requesting change of status is taking almost 7
months from filing to approval.
I see you will use the Vermont Service Center. Even that appears to be
taking 4 months or so.
> 2. My husband is holding F1 student visa now. If the university agrees
> to file 1-129 using premium processing in early July, Is it possible
> for him to transfer from F1 to H1 and starts working in August
> without applying OPT, and without leaving the country to apply H1?
Yes.
> 3. Let's assume that my husband has to apply for OPT. (He is eligible
> to apply for OPT). Do you know how long it will take for Vermont
> Service center to approve it if he applies in early May?
http://www.shusterman.com/pdf/vsc.pdf seems to say that the I-765 (other) is
taking perhaps 3 and 1/2 months. It's hard to tell because the report is
not clearly dated.
I heard
> that we can pick up temporary EAD card from local INS office after
> 90 days. We have to move to another state where my husband will
> start his teaching job. If we did not receive EAD card by early
> August, can we pick up the temporary EAD card from the local INS of
> that state instead of the one where my husband is currently studying
> and living in?
I think he probably can. The particular BCIS District Office may give him
some trouble, but if he gets his new Congressperson to intervene on his
behalf, he can probably prevail.
