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Going
from F1 to H1 to Green Card
If you are international student in
the USA on an F-1 visa, then you have an excellent opportunity to
eventually become a permanent resident of the USA. Students come to
the USA either on an F-1 or J-1 visa. The J-1 has one advantage over
the F-1: it allows the J-1 holder's spouse, who would receive a J-2,
to work in the USA while their spouse is studying. But after their
education or training, J-1 and J-2 holders have to return to their
native countries for at least two years before they can re-enter the
country to work. For most individuals from the Third World, this
condition usually means that you may never have another opportunity
to settle in the USA. But the F-1 has no such restrictions. F-1 visa
holders can apply for jobs and use the jobs to get their permanent
residence, also known as the green cards.
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stay back must remember a few things that will help make their
progress from an F-1 to an H-1B and then onto the green card smooth
and uneventful.
It is always easier if one has at
least a master's degree. Unless you are in a high demand area like
nursing or information technology, a bachelor's degree is usually
inadequate. The labor department, which gives the permission to hire
foreign workers, finds it hard to believe that anyone with just a
bachelor's degree has such unique skills that there are no Americans
who can do that job. In information technology, it is generally
understood that skilled workers are unavailable, so even a
bachelor's degree will do, but not in other areas.
Never violate your status. As an
F-1, you are required to be a full-time student in every semester,
which is at least nine credits for graduate students and 12 credits
for undergraduate students. When your course work is completed and
you are writing your thesis, make sure that you register for that so
that your status remains intact. You do not have to register during
the summer semesters. Also remember that as an international student
you can work only on campus and only for 20 hours a week. If you
break these laws you will be out of status. If by any chance you
have violated your status, but you still have a valid multiple entry
F-1 Visa, then you can restore it by making a short trip overseas ?
the Bahamas, Mexico and Canada are all close by ? and then re-enter
the USA. While on the subject, it is good to know that F-1 visas are
only entry documents. Even if your visa has expired, you can
continue to stay in the USA and study, legally, until the validity
date on your I-20.
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Do not waste your practical
training period. All F-1 students are allowed to work off-campus for
one year if in the preceding year they have maintained their status
as F-1 students. Many students are tempted to avail this privilege
in order to make money. It can prove to be a disaster if you do not
land a job as soon as you graduate, and you have already used up
your practical training period. You will either have to go back or
violate your status. Sometimes, even when you get a job on time and
your lawyer applies for your F-1 on time, delays at INS , which
aren't that infrequent, can abruptly disrupt your life plans. At
this time, your practical training period can come in handy. You can
start work on your training work permit and not worry about waiting
on the INS.
An H-1B is a provision created by
the Congress to enable foreigner workers to come to the USA
temporarily and help American organizations and business meet a
shortfall in expert help. Globalization and the high-tech boom in
the USA has created a demand for skilled workers that far outstrips
local supply. The amount of H-1B visas available each year varies.
In the year 2000-2001, there are 107,000 H-1B visas available. There
is a proposal to raise it to 195,000, but that depends on who is
elected president. Democrats usually favor immigration, but that
might change since globalization is now hurting labor even in the
First World. Remember the riots in Seattle and Switzerland against
the World Trade Organization?
You can get H-1B sponsorship from
two kinds of employers: labor consultants and companies. Some labor
consultants hire people whom they can contract to other firms. For
example, a company may hire you for $35,000 a year, acquire your
H-1B and then subcontract you to some other company at $50 an hour.
The company will make about $96,000 by contracting you and profit
nearly $61,000. Some candidates who are in a hurry to get a job join
such firms. But always remember these firms never sponsor people for
green cards. Even larger firms that you could work for directly do
not sponsor their employees for green cards. Which means they will
use you for six years ? the maximum period available for an H-1B
employee ? and then discontinue you. You will have no option but to
go out of the USA and won't be able to return for two years. So
before you say "I do," make sure that the company you are
joining is willing to sponsor your green card. You can join any firm
and start looking for another job that will sponsor you. It may
entail working in less glamorous places and for lesser wages, but if
you want a longer stay in the USA be prepared to pay the price.
You can be on an H-1B for six
years, and it takes the entire green card process about three years.
You have to be with the same employer during that period. If you
switch jobs, you have to restart the entire process. I do not
recommend this no matter how much extra the new firm pays. For this
entire odyssey you need patience, steadfastness, a good lawyer and
about $5,000. The F-1 to H-1B usually costs between $1,500 and
$2,000, and the H-1 to green card will cost between $2,500 and
$3,500. Remember to hire an immigration attorney. Feel free to
interview them and check their past history. Offices in a downtown
area are usually good indicators of success, but probably also means
higher fees. Do not, under any circumstances, allow ethnicity or
back-home connections to influence your choice of attorney. Nothing
can be more foolish.
The process sounds tedious, time-
and money-consuming and full of legal hurdles. But believe me, it is
worth it. The USA is a great country, full of opportunity and
freedom. It is a prize worth working hard for.
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