US Journey

For those of you would like to go to the US with a visa, there are plenty of choices available- from CEOs to students, professionals to travelers.

So how did I start from B-2 via F-1 and H-1B into Green Card candidate?

“Every fiscal year (October 1st – September 30th), about 85,000 visas are made available to qualified applicants under the provisions of U.S. immigration law. H-1B petitions are generally subject to an annual cap of 65,000 visas each fiscal year. An additional quota 20,000 H-1B visas may also be available for graduate students (master degree and above).”

“Many of you attend universities in the United States seeking bachelor’s, master’s, and other graduate degrees under F-1 non-immigrant status. F-1 status allows qualified foreign nationals to enter the United States to study.”

For my case, I entered US with a B-2 visa on October of 1998. I extended that for 6 more months to prepare for my change of status. Then I found a college, registered, paid for the tuition, and applied to change my status to F-1. Normally, it was not allowed to change your status without going back to your home country, but somehow I made it in a page long letter of my sensitive explanation. I admitted to a college in Vermont on 1999 of September. My Journey US started here.

“A component of F-1 status is the opportunity for students to obtain practical training. This period of training is known as optional practical training or OPT. OPT time is maximum of 12 months. New regulations might apply in these years.”

In 2000, before I even graduated, I applied for my first OPT. This particular of OPT was limited to 20 hours per week and ought to related to your course of study. I graduated in 2002 and transferred to the other school in the Big Apple. As you might notice, I had of course obtained my new F-1 status from my new school before I could move there.

“Foreign nationals working on OPT often receive offers of employment beyond their time on OPT status. In order for the foreign national to continue working for a United States employer after completing OPT, the foreign national must transition to an employment based non-immigrant status like H-1B, and H-4 for Spouse.”

December of 2004, I received my undergraduate degree and OPT status in the same time. My F-1 was good for only 2 months after I graduated. I made my OPT available from March1 of 2005. Smart move! right? Even though I worked under the table right after I graduated, not until December of 2005, I landed a job that would sponsor for my H1-B visa. I entered that company on December of 2005, which I was still under OPT. That was perfectly fine since OPT could work for any companies until the end of the expiration date. I started my H-1B application right after I entered the company on December, and send out the application before the end of February (Deadline for fiscal year 2005). And now you are wondering because not until middle of September, I received my H1-B status confirmation from USCIS. Now you are asking. From March 1 to September 30 of 2005, what was my status? I was working under as a candidate of H1-B. Please consult with your lawyer before you make this move. And of course, this time, I went back to my home country and applied for my H-1B visa and reentered to the US. 6 months after I entered the company. I started my Green Card/ permanent resident application. In General, you would receive you Green Card in about 6 years and as long as 10 years. About the lawyer fee of the Green Card application, please don’t ask me. It is case by case and I hope you all will be sponsored completely from your employers. Best luck to all of you.

The US Department of State

Based on the US Department of State, there are many types of temporary visas available:

A, Diplomats and foreign government officials
A-2, NATO1-6 Foreign military personnel stationed in the U.S
B-1, Business visitors B-1
B-1, Athletes, amateur & professional (compete for prize money only)
B-1, Domestic employees or nanny -must be accompanying a foreign national employer
B-2, Tourism, vacation, pleasure visitors
B-2, Medical treatment, visitors
BCC, Border Crossing Card: Mexico
C, Transiting the United States
D, Crewmembers
E, Treaty traders/treaty investors
E-3, Australian professional specialty
F, M, Students: academic, vocational
G1-G5, Employees of a designated international organization, and NATO
H-1B, Specialty occupations in fields requiring highly specialized knowledge
H-1B1, Free Trade Agreement (FTA) Professionals: Chile, Singapore
H-2A, Temporary agricultural workers
H-2B, Temporary workers performing other services or labor of a temporary or seasonal nature
H-3, Training in a program not primarily for employment
H1-C, Nurses coming to health professional shortage areas
I, Media, journalists
J, Exchange visitor/ students)
J, Professor, scholar, teacher (exchange visitor)
J H-1B, Physician
L, Intra-company transferees
O, Foreign nationals with extraordinary ability in Sciences, Arts, Education, Business or Athletics
P, Performing athletes, artists, entertainers
Q, International cultural exchange visitors
R, Religious workers
T, Victims of Human Trafficking
TN/TD, NAFTA professional workers: Mexico, Canada