US Immigration Demystified: Part 1 — From Student Visa to Working in America

Let me start with a few lines about myself: I moved to the US on an F-1 visa. in 2019 to do my Masters in Computing, Entrepreneurship and Innovation(CEI) from NYU Courant, worked in a couple of startups for about 4 years(F-1 OPT, STEM-OPT and H-1B) and moved back to India in Nov’23.

All these years, I spoke to a lot of people who had different types of Visas and circumstances that came along with them and they would talk to me about how they dealt with it. I ended up sharing a lot of this with folks who had just moved to the US (or) folks who are about to and realized that there isn’t a lot of content that is comprehensive enough for these people to learn from. This is hence, an attempt to help you navigate the maze we call Immigration.

The article is going to be focused on
- What can you do?
- What you cannot and should not do?
- What do you need to do next? Is there another Visa you need to apply for (or) other paperwork you need to fill out?

Applying and securing an F-1 visa

If you are an aspirant reading this article, I’m sure you have already done a lot of homework and also have a fair idea of what you need to do. If you are fairly confident about this section, you can move on to the next one but here are the headlines:

• Give your GRE/GMAT along with TOEFL/IELTS : This depends on which colleges you are trying to apply for and what they accept. A lot of universities lately have made GRE/GMAT optional so I urge you to check their requirements. If you are unable to find a clear requirement, writing to their admissions office generally gets you a prompt reply. You should take these tests at-least 2–3 months before you plan to start applying and I’d accommodate anywhere between 1–2 months for preparation(depending on your bandwidth. A bit more if you are working/needs help with Math/English). The 2–3 months give you enough time to retest if you are not happy with the score you get
• Letters of recommendations(LOR) and Statement of Purpose(SOP): LoRs are very popular in the US since you’ll find employers asking for references/recommendations even after you graduate. In my opinion, SOP has the highest weightage in an application followed by the recommendations. Ideally, you should start getting verbal nods from people who might end up giving you the LoRs. In most cases, you’ll have to start the application for the university and add their email addresses in the university portal which sends your recommender an email with the link to fill out the LoR. This often takes a lot of time since the professors/managers are very busy and might require consistent follow-ups well before the deadline to finish this.
• Early application deadline: Some universities have early deadlines and final deadlines that are months apart. If you can, try applying before the first deadline, only because you get more time to plan better on the off chance that you don’t get into the university of your choice.
• Pay the deposit and apply for your I-20 from: One thing people don’t know is that you can receive I-20s from multiple universities. That said, each university has different policies on issuing them but most of them will need you to pay a deposit($500-$2000) which will later count towards your fee. You’ll need your I-20 when you go in for your Visa appointment and every time you enter the US.

9/12/24 months on your F-1 visa

Depending on your course, you could spend anywhere between 9 to 24 months on your F-1 visa as a student. The primary difference is that you don’t do an internship if you are doing a 9 month course.

Fun fact: USCIS requires a course to be at-least 9 months long for the student to be eligible to apply for an OPT visa after they graduate

Through the time you are enrolled in the university:

• You cannot legally work outside the university you are enrolled in.
• You can work as a Teaching assistant, Research Assistant or take up any on-campus jobs like working in the Cafeteria, Library etc. Typically, there is a lot of competition for the TA and on-campus jobs so don’t be disappointed if you can’t find one in the first semester. It’s easier to get it after the first semester.
• If you start an employment in any capacity with the university, you get to apply for your Social Security Number(SSN), which makes it easier for you to start building a credit score early.
• If you have a dependent on a F-2 visa, they are not eligible to legally work in the US
• You can invest in the stock market and trade like anyone else. You can start trading only if you have an SSN

As long as you are on your F-1 visa, you don’t need to pay Social Security and Medicare taxes. Inform your employer before your first paycheck is issued to avoid losing out on incorrect taxes

If you end up needing to file for a FICA tax refund, use Form 843 to file for one. Getting a FICA refund from the IRS(Internal Revenue Service) can be challenging at times. If you find taxes deducted when you are still on an F-1, contact your company’s accounting team ASAP to fix the issue.

Preparing for your graduation(OPT)

Keep in mind that the earliest. you can apply for your OPT authorization (which you get in the form of an EAD card) 90 days before your graduation date. Have the rest of your paperwork ready(like the new I-20 from your university for your OPT) before the date so that you don’t face delays receiving your EAD card.

You have 90 unemployment days to use between 0–12 months of your graduation on your OPT that carry over to your STEM-OPT if they are unused. They will however expire if you change your status to H-1B.

A few things to note:

• You don’t need a job to apply for your OPT authorization. You can update USCIS and your college about your new employer anytime after you apply.
• If you are planning to relocate right after graduation (or) close to those dates, make sure you use the address of someone you know who has a more permanent address. If you do, be sure to add your name to their mailbox as USPS won’t deliver it to the box if your name is missing.
• You need to carry your OPT I-20 and your EAD card if you are traveling outside the US as you might be prompted to produce it if asked for.
• Your EAD start date does not have to match with your graduation date. If you are anticipating the job search to take very long, you can add some buffer before your graudation and the start date.
• If you have a job well before the H-1B lottery dates, some companies might apply for your H-1B visa(which we refer to as Attempt #0) by making a case that you are going to join the company right after you graduate. More about this in the H-1B section.

Any change in address or employment should always be conveyed to your university and USCIS.

Start preparing for your STEM-OPT application about 120 days before your OPT visa expires because the earliest you can apply is 90 days before the visa expires. You’ll need a lot of documentation from your employer so it’s recommended to start early to avoid any delays later. If you don’t file your STEM-OPT extension in time, you risk getting deported or not being able to retain your F-1 visa status.

1 year after you graduate(STEM-OPT)

The STEM-OPT extension, unlike the OPT visa, is contingent on you having an employer who is registered with the USCIS(you are even able to look up if your employer is eligible in the USCIS portal). It has a two year validity and comes with an extra 60 days of unemployment days.

The application involves a lot of paperwork from the company like the training plan the company has prepared for you over the next two years. Over the next 24 months, you are required to submit an evaluation to USCIS every 6 months. In most cases, your employer will take care of it but be sure to remind them and submit it if you haven’t.

You cannot use your buffer/unemployment days here to buy time. The unemployment days are only applicable as long as you have a valid visa

Students should pay attention to these deadlines because they risk getting deported (or) having to find other ways to stay back in the US. If you don’t file for your STEM OPT before the deadline, you forfeit your chance of applying again.

What if your H-1B application is in the works when your STEM OPT deadline is due?

Let’s use an example here. If A starts her EAD on the 1st of June’ 2021 and was lucky to get her H-1B lottery picked up in April’2022, that means the there is an overlap between the H-1B application period(April’22 — Oct’22) and the STEM OPT application(May’22). The following options are available:

• Apply for an H-1B cap-gap extension that gives you a valid F-1 visa till Oct 1st : If you exercise this option, there is no recourse if your H-1B petition is denied and you’ll have to leave the country.
• Apply for a STEM extension that gives you a valid visa for 2 years(till May’24): If your H-1B petition is denied, you get to continue to legally stay in the US till your F-1 visa expires.

Universities are always going to recommend the second option since it saves you from deportation if things go south with your H-1B application.

In any case where you miss the above deadlines, the first point of contact should be your university since they interface with USCIS and they can help you make amends. Till the time you move to a work visa, the university needs to maintain a record of your visa status, personal information(like phone number, address) etc.

If you are laid off in after your STEM-OPT starts, you have up to 150 days(~5 months) of legal unemployment days(assuming you did not use any in year 1)

Getting your H-1B

Everyone gets 3 attempts to get their H-1B lottery picked up with one exception. If you are graduating in the summer and have a job offer well before the H-1B filing deadline, the company can apply for your H-1B(usually referred to as Attempt #0) and it does not count towards your 3 attempts after graduating.

The three attempts are tied to the fact that you have 1+2 years(only 1 year for non-STEM courses) of OPT visa at your disposal. After that, you have to legally leave the country.

If you are lucky enough to receive an H-1B, here are a few things to note:

• The decision is usually conveyed around the last week of March to first week of April.
• The lottery is a precursor to the actual application process, whose deadline is usually towards the end of June(might change from year to year)
• Filing your H-1B with premium processing implies that you will get a decision within 2 weeks. It does not guarantee an approval, but a decision is guaranteed. It is much more expensive compared to the normal application.
• It is not advised to leave the US while the application process is ongoing(after your lawyers have filed your application). From what I gather, the reason is to prevent discrepancies between the I-94 on-file and your travel history.
• If you are on an F-1 visa, your H-1B automatically starts from the 1st of October. For other visa statuses(like F-2, H-4, L-1 : you will have to apply for a Change Of Status separately)
• Once your H-1B visa kicks in, you will find Social Security and Medicare tax(FICA) deducted from your paycheck.
• Your OPT unemployment days can no longer be used once your H-1B goes active. You get 60 unemployment days per employer on your H-1B visa. Example: You are laid off from Company A and take 30 days to find a new job with Company B. Your old employers then have a change of mind and you find yourself back in Company A. If A lays you off again, you only get 30 days to find your next job. If you never switched back to A and were laid off from B, you get 60 days tied to B to look for a job again.
• When we refer to unemployment days, it includes getting a job, applying for your visa transfer and starting your new job. This usually takes about 2–3 weeks(using premium processing) so it is something to keep in mind.
• Sponsoring your H-1B visa refers to the company paying for your H-1B application(can cost upto $10–15k) and that the application is tied to your employer
• Any dependents on an H-1B visa cannot legally work in the US unless the H-1B visa holder has an approved I-140(application for permanent residency)

If everything goes smoothly, you get 3 years on your H-1B along with a 3-year extension subject to approval. You do not get any more extensions that unless you have an approved I-140(discussed in a few sections)

Travelling out of US on H-1B

You are free to travel outside the US on your H-1B. You do however need a valid H-1B visa stamp if you are entering the US.

You cannot enter the US only with the application being approved. You also need to carry your original I-797 along with a valid H-1B stamp when you enter the US.

The I-797 is the confirmation you receive once your H-1B is successfully approved. This is a physical document you’ll need everytime you re-enter the US. It is also advised to keep all the I-797 documents you have ever received(including the receipt notices)

The 3+3 years you get on an H-1B accounts only for the duration of your stay in the US. The number of days you are outside the country can be added to your H-1B on top of the time you get. In other words, your H-1B time clock stops after you step out and resumes after you come back to the US.

If you move out of the US while you still have time left on your H-1B, you can resume it after any number of years with a valid employer who will sponsor your H-1B visa

Switching jobs on F-1, H-1B

You are free to switch between employers in most of the cases, except a few edge cases. Let us talk about them:

• It is tricky to switch jobs when you are awaiting your EAD card for your STEM OPT extension. It is often advised to move jobs much before, or after you receive your EAD card in mail.
• You cannot switch jobs(if you want to retain your H-1B) after your lottery is picked up and before you get at-least 1–2 paychecks on your H-1B visa after it goes live in October. The H-1B lottery is tied to an employer and is not transferable.
• The earliest you can switch your job after your H-1B lottery is picked up is after your application is approved, you receive your I-797 hardcopy in mail and you have a couple of paychecks on your H-1B visa. These are the things your new company is going to need in order to start the transfer process. Realistically, the earliest you might be able to move is around the first week of November(if you get your first bi-weekly paycheck + I-797 hardcopy and by the 15–20th of Oct) but it will need incredible luck and coordination with your existing legal teams. You should be able to conveniently move by the end of November.
• You do not need a visa stamping done before you can change your employer and you do not need to get it re-stamped every time you change your employer.

Applying for your permanent residency(I-140)

If you’d like to stay back longer in the US, you will have to file your I-140 application and get it approved before your H-1B expires. That can take anywhere between 1–2 years depending on the employer’s policies, job market and the USCIS.

There are multiple categories of permanent residency filing referred to as EB-1, EB-2, EB-3 and EB-4. These are essentially different queues people are waiting in for their green card. If you moved from F-1 to H-1B, you are most likely going to be filed under EB-2 or EB-3. EB-1 is reserved for ultra high-skilled immigrants(like the ones who hold an O-1 visa).

EB1A is reserved for applicants who have shown extraordinary ability in the sciences, arts, athletics, business or education. One of the main benefits of the visa category is that it allows individuals to file a petition themselves. Startups like OpenSphere are up and coming startups that are enabling individuals to self-petition.

The I-140 application is a tedious process where you have to fill out(along with the help your lawyers and your employer):

• Job description of your current role with required skills and qualifications.
• Detailed roles and responsibilities of your current job(the one you are filing for permanent residency)
• Previous employment recommendations to prove how you possess the skills mentioned above.
• (By the employer) showing job postings and proving that you are the one person fit for the role. This might have to be paused if the company is laying off employees as it cannot justify letting go of someone and then claiming that they posted job posting for other roles.

The employer has the right to revoke your permanent residency application within 6 months after the approval so it is advised to stay with your employer till that period passes. Once your I-140 is approved, you are eligible for unlimited H-1B renewals till you receive your Green Card. You will still have to get a visa stamp every 3 years till then.

The date of your I-140 is more commonly referred to as your priority date. The priority date is used to track and determine how long it will take for you to receive your GC, which is based on your country of birth among other things. You can track the current priority date that is being processed for their GC in the line on the USCIS website.

Once your I-140 is approved, your dependents are eligible to legally work in the US after applying for a EAD card

All the above is not to be interpreted as legal advice. This is a download of everything I’ve gathered over the years from folks who have been in different circumstances

Coming up next:

• US Immigration Demystified Part 2: Moving to the US on an internal company transfer(L-1)
• US Immigration Demystified Part 3: Moving to the US as a dependent(F-2, H-4)