I am a student with a STEM undergraduate degree. Should I apply for OPT and then STEM OPT, or seek a change to H-1B status after I graduate?

There is no general answer to this question; rather the appropriate response will depend on the unique facts of a foreign national’s circumstances. Some employers will not offer H-1B sponsorship. Others will sponsor but only after a lengthy period of OPT. Other employers do not participate in E-Verify, which is a requirement for a STEM OPT extension. If this circumstance applies to you, Rabinowitz & Rabinowitz with offices in Frisco, Texas and Dallas, Texas, can provide you with specific guidance to assist you in making a good choice for yourself.

Other H-1B Visa Frequently Asked Questions

• Can I offer to pay the attorneys fees and filing fees for my H-1B petition?
• Can my spouse also gain H status if I do?
• Can my spouse work in H-4 status?
• How do I file an H-1B petition?
• How does USCIS determine which H-1B petitions to accept if there are many more H-1B petitions filed than H-1B visa numbers available?
• How long can I remain in H-1B status?
• I am a student with a STEM undergraduate degree. Should I apply for OPT and then STEM OPT, or seek a change to H-1B status after I graduate?
• I have H-1B visa status and I want to change employers. Must I wait for my new employer to obtain a new approved H-1B petition before I can start working for the new H-1B employer?
• I heard that an H-1B visa is a Speciality Occupation visa. What is a Specialty Occupation?
• My H-1B employer petition will indicate that my employer intends to place me at various other job sites. Does that complicate my case?
• My prospective H-1B employer in Texas wants to file for me. When must he or she do so?
• Will my H-1B visa be valid for the same period as the approved H-1B petition?

The information appearing in these FAQ responses is not legal advice and is provided for general information purposes only. You should seek professional advice from an experienced immigration attorney regarding your specific inquiry and case before changing position.