Helen asks…Is having a F1 visa help in changing the status to work permit in the future?My sister is a registered nurse from the Philippines. She is here on a tourist visa but she plan change that to F1 visa to attend classes here for her masters degree to buy her time to stay while waiting for a sponsor. Is having a F1 will eventually help her find a sponsor and change it to a work permit.admin answers:Or a foreign student with an F-1 student visa to become a US permanent resident and eventually a citizen, the process is:
Once you are about to get your degree you find an employer willing to hire you when you graduate. You are allowed to work for 1 year under what is called OPT under your visa but the job MUST be related to your degree.
During this year, you convince the employer you are worth the $5000 to sponsor you for an H-1B visa. Normally the application must be made on April 1st. If they get you approved for an H-1B, your OPT time will be extended to October 1, which is the normal start date for an H-1B visa. The H-1B is normally good for 3 years and can be renewed for one additional three year term. An H-1B is easier to get if you have a masters or PhD.
To get an H-1B you need a degree in a “STEM” field. These are fields in the sciences, technology, engineering or medicine that are in demand in the USA. A masters degree is best. Such a degree will get you an H-1B. An Arts degree will not.
The catch is that the labor certification rules for an H-1B became tougher last year and if a US citizen with equivalent qualifications can be found you are out of luck. This pretty well means that only people with highly technical degrees can qualify. Anyone with a degree in non technology areas will not likely qualify for an H-1B as there are no shortages of US citizens with non-technology degrees.
The reason you need to go through getting the H-1B is because it is a bridge to allow you to remain in the USA while the green card application is processed. If you have a masters or PhD, the green card process takes almost 3 years. Without this step, you will have to leave the USA while the green card is being processed.
Once they have obtained an H-1B then you have a while to convince the employer to file for a green card for you. This will cost them about $14,000 so you better be worth it. Depending on your degree this process takes between 3 and 10 years to process. However, your H-1B will be extended for as long as necessary.
At any time you can short circuit this process by marrying a US citizen. In that case, the US citizen, who has to be over 21 and making more than 125% of a poverty line income, has to file the paperwork. The best thing is if they hire an immigration consultant to do it.Joseph asks…What will happen to my current B1/B2 visa if I get rejected for an F1 visa?I hold a B1/B2 visa with multiple entries for 5 years. But since I got into a university, I will soon be applying for an F1 visa. If in any case, I get rejected
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