Heyy... visa experts, I need help on understanding how US visa works.
1. I’ll go to the US take a LL.M in tax under a student visa
2. After my 12 months of study, I have 2 months to find a job (is that correct?)
3. If I do find a job, I need to request an OPT that will allow me to work for 3 more months (is that correct?)
4. After that, I need to apply for a H-1B visa that will allow me to work for 3 years, with a possibility of extension for 3 more?
5. And then??

Is that timeline right?

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Hi OP, I went through this same process, feel free to dm me. Some of your timeline is a bit off. Here’s mine so far.

Fall 2019 - May 2020: Enrolled in LLM Tax program
Nov 2019: Received job offer
Feb 2020: Applied for OPT (you can apply between 90 days before program ends and 60 days after program ends. Theres no benefit to waiting, just apply early so you get your EAD card processed quickly) Mine took a month to process.
March 2020: EY applied for H1B (was still enrolled in school but have a US bachelors and JD so was eligible to apply. I believe if you’ll receive your degree by June the firm can sponsor you while you’re still in school)
April 2020: Informed H1B was not selected in lottery
July 2020: OPT began (OPT is approved for 12 months, mine goes until July 2021, you need the EAD card in hand before you start working)
May 2020: Graduated from LLM Tax program
July 2020: Joined EY
March 2021: EY will apply for my H1B again
April 2021: Will find out if I was selected in the H1B lottery
July 2021: OPT ends
Oct 2021: If my H1B was selected and approved I switch over from F-1 to H1B. Between July and Oct I’ll benefit from the cap gap extension. Otherwise I’ll have to leave the country. (At times EY sends people to a different country then brings them back on an L1 visa, it depends).

H1B visa is approved for 3 years with another 3 years extension. (Total of 6 years). Within that time your company should begin the green card process, timing varies by company.

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Wow! Thank you!!! That was really helpful. Will dm you so that we can connect, ok? :)

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I’m no visa expert, sharing my personal knowledge/experience with you.

1. If your degree in eligible to apply for OPT, you can apply for 12 months OPT after your degree completion or when you are nearing the completion of your degree.
2. You need to request a specific OPT start date after your graduation.
3. When I graduated few years ago, we had maximum of 90 days of unemployment that was allowed in that one year. In other words, those 90 days could be used to find a job initially. 90 days rule activated after OPT start date. So you may get some additional days to search a job.
4. OPT must be approved before you can start working. EAD card is needed to start working.
5. If your employer applies for H1b for you, usually it is granted for three years initially if approved. Maximum time you are allowed to be on H1b is usually 6 years.
6. If an immigrant petition is filed and approved for an H1b beneficiary, H1b extensions are possible till they get their GC.
7. This is how it works in general. Your case may have more specifics that may need to be evaluated.

helpful

I appreciate your response!! It’s much more clear now, thank you 🙏🏼

Questions:
1. I am only allowed to request for OPT once I get a job offer? And I’m only allowed to work if I get the OPT, or can I start working before it’s granted?
2. H1B visa, is it me or the company that has to request that?

1) You dont need a job offer to apply for OPT, but you have 90 days after your OPT period begins to get a job. (July - Oct) You need an approved OPT and the EAD card in hand before you can start working.
2) The company applies on your behalf. They’ll ask for your documents. HR and the legal team takes care of everything.

helpful

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