Differences between
Optional Practical Training and H-1B
Optional Practical Training
(OPT) is a sub phase of F-1 Status. That is, when an alien student
is authorized to have OPT, he or she is still under F-1 Status.
H-1B is a different status, and H-1B has it own sets of rules
and limitations. If you would like to know more about H-1B, please
click here.
Generally speaking, the foreign
student, after obtaining the EAD card allowing employment during
the period of OPT, would look for a job in the twelve-month optional
practical training period. In the practical training period, the
student can work for any employer or not at all. He can change
jobs easily. Also, if he is laid off in the practical training,
he may still have time to find another job.
However, after the student
changes his status from F-1 to H-1B, he has to work specifically
for the H-1B sponsoring employer. An H-1B holder may not be able
to work for other employers without the authorization of the USCIS
(formerly the INS). If the H-1B holder wants to work for a new
employer, the new employer has to file a new H-1B petition for
him. Also, if the H-1B holder is laid off, he is out of status
immediately, although, recently, the USCIS has relaxed a little
bit and will examine the situation on a "case by case"
basis if the H-1B holder later finds a new job and the new employer
files a new H-1B petition for him or her.
Changing
from F-1 to H-1B
An individual in F-1
status (whose field of specialization is classifiable as a specialty
occupation) is permitted, if certain conditions are met, to change
his status to H-1B status. An H-1B status is a category for temporary
workers who are employed in specialty occupations. A specialty
occupation is defined as one that requires theoretical and practical
application of a body of highly specialized knowledge and which
also requires the attainment of a bachelor's or higher degree
in the specific specialty or its equivalent as a minimum for entry
into the occupation in the U.S.
The first step for an F-1
holder is to find an employer that is willing to file an H-1B petition on his
behalf. The employer then files an H-1B petition for the alien. Thereafter, if
the H-1B petition is approved, the alien is granted an H-1B status. As a general
rule, an individual may remain in the U.S. in H-1B status for a maximum total
duration of six years.
For more information
on F-1, please click on the following links:
Description
SEVIS
Application for an F-1 Visa
Obtaining an F-1 Status at the port
of entry
Change into F-1 Status in the U.S.
Eligibility for change into
F-1 Status in the U.S.
Maintaining F-1 Status
Change Name and Address
Transfer of School
Time limitation of F-1 Status
Extension of F-1 Status
Grace Period
F-1 Status reinstatement
Optional Practical Training (OPT)
Curricular Practical Training (CPT)
Change from F-1 Status to H-1B
Change from F-1 Status to immigrant
status
Spouse and Children of F-1
Attorney and filing fees
Frequently Asked Questions and
Answers
The Impact of I-140 Filing on F-1
Students
Memo: Be Aware of Abandonment of COS and AOS Applications
