Applying for H1B and F1 simultaneously
Working for a SV based startup from Bangalore. I want to move to US next year no matter what. My company wants to sponsor H1B. Given how unreliable the process is, I am applying for Masters in CS as a backup plan. Given that H1B results are in by May-end and I need to schedule F1 interviews sometime in June, will there be any clashes in timelines? Will I face any issues from the embassy?
Yeah applying for H1B indicates that you want to stay in the US. Its not good for sure for F1
H1B is a non immigrant visa. You can perfectly apply for H1B and F1 simultaneously.
Back up plan as "MS in CS"? Did you check the fees of University, area, location, etc.., that doesn't sound a good back up plan and what's the reason behind your desperateness of moving here by next year?
I understand that it might sound crazy. But it needs to happen for personal reasons. Hence, I would prefer it if I can get through H1. Since the rejections rates are so high and they're asking for RFEs and considering that the company is still a small startup, I do not have much hopes on it. Therefore, keeping MS as a backup. At least I will get 3 attempts at H1 that way.
Whatever happens, please please don't come to nameless universities. ITT, herguan tri valley have all been busted and the students deported. If any University says we will give EAD once you land, it's a fake one. Their Nick name is day 1 cpt University. You have been warned. I second hand know someone who did this and was deported. It doesn't end well. Don't.
Pretty sure the USCIS is not going to be happy with your "plan"
Can you explain why? Petitioning for H1B is decided by the employer and not by me. If my intent is F1 and my employer wants H1, they can petition for it and it is up to me whether to take up F1 or H1 (if/after I get through lottery) right?
Don't pursue Masters if you just want to come to the US and not for studies. Also, the general process is that companies apply for H1 after your Masters. Why not let your current company do that!
I do not see any other options. Either employment based visas (H1, L1) or 2 years F1 followed by H1. Am I missing out on something?
Technically because H1B and F1 are both non immigrant visas, they don’t have contradicting intents. And you can perfectly apply for both simultaneously and get approved for both. The thing is for F1, you will have to provide evidences that you can start and finish your MS without having a job for those years. And you will also have to convince the consular officer, that you intent to go back to your home country at the end of your studies.
I am worried about the timeline. F1 interviews are in June and H1 interviews are in early Oct. So will there be a case of clash?
H1B petitions have to be submitted between April 1 and 7. Usually by the first week of may, you will receive the receipt (I797C), that will mean you have been picked in the lottery. If your employer file with premium processing, you will have the answer by the end of May. If a petition is filed regularly, it might take up to four month for the USCIS to approve or deny An H1B.
What about an L1 visa?
It is a very small startup and I doubt they would qualify for L1. They do not have any "multinational" operations.