Someone I know is in a bit of a spot. He has an F1 Visa expiring in May and is also in the final year of the PhD program and looking to graduate in june. So he is thinking of going for renewal in April immediately after his thesis defense. Reason for renewal is so that he has flexibility to travel home in case company doesn't file h1b in first year or he doesn't get the lottery. Now there is a high chance of 221g also. Also he is expecting a job offer soon. How should he go about it so that there is no chance of Visa rejection or any risk of not being able to come back and start working. Friend is not on blind hence posting. Also friend from India. Any context or experience is helpful. One option I suggested is get the opt and then travel for renewal.
yes, F1-OPT is the safest option.
So basically let the f1 expire and then go once the OPT is activated. Are you saying that once the OPT is activated you don't have to explain non-immigrant intent?
No that is not correct. Your friend will not even be allowed to board the flight from India if he doesn’t have an unexpired visa in his passport. Even after having an approved OPT, i was strongly advised by my university’s international students office to have a job offer in the US before travelling so that I can explain to the immigration officers why I was returning in case they asked.
Yes, so my friend will have a job offer. His concern is that if he goes for the F1 Visa renewal post expiry when on OPT. It will be tough to justify that the person will return back to the country after OPT period is over. Plus if H1B filling has taken place that will also show in his record. Will clearly show immigrant intent
Visa is a privilege, not a right. There is always a chance of your application getting rejected and you not being able to come back.
I just learnt that to be considered in the Masters cap of 20k in the h1b you need to have completed a Masters degree. The lottery filling happens in April and graduation will typically happen in May or Aug. so I've been told that unless you have the Masters or PhD then you won't qualify. Is this true ? Sounds pretty unfair.
It’s true. Don’t like the system? Go home.
Yup OPT is the way to go. Once he has the job offer, he can file for OPT. I would suggest he does it before traveling home. Once he gets the OPT approved, the travel will involve less risk .. visa wise
But what if the person decides to go before the visa expires in May. What are the risks there ?
Also after getting the OPT can the person get a 221g?