Can I apply for H-1b visa after OPT?
Find answers to your legal question.
Can I apply for H-1b visa after OPT?
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I am about to apply for OPT (to be a massage therapist) I would like to know if I will be able to apply for H-1b visa after I complete 12 months of Optional Practical Training.
Does anyone know?
(I am on F1 visa now.)
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ibu guru
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1. Massage therapist does not require at least a baccalaureate degree, therefore it does not qualify for H1-b. Plus, for an H1-b, you must have a minimum of 2 years of post-baccalaureate experience.
2. You cannot apply for any employment visa. Only employers can apply for such visas.
3. Labor certification is highly unlikely since there is actually a glut of US citizens who are qualified and experienced massage therapists.
4. F-1 foreign student visas are issued on the condition that the foreign student will immediately return to their own country upon completion or termination of studies. Go home. |
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Fred S
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If massage therapist qualifies as a Speciality Occupation, someone may petition for you. You are not the one who applies.
The H1B Visa (Professional in a Specialty Occupation) allows a U.S. employer to fill a position requiring the minimum of a baccalaureate in the particular field with a qualified worker from abroad. The foreign worker must possess that U.S. degree or an acceptable foreign alternative.
To qualify as a specialty occupation, the position must meet one of the following requirements: (1) a bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
(2) the degree requirement is common to the industry or, in the alternative, the position is so complex or unique that it can be performed only by an individual with a degree; (3) the employer normally requires a degree or its equivalent for the position; or (4) the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor’s or higher degree.
There is no Labor Certification process as described by another person who answered your question. Prior to filing the H-1B petition with USCIS, the U.S. employer must first file a Labor Condition
Application (LCA) with the Department of Labor (DOL) specifying the job, salary, length and geographic location of employment. In addition, the employer must agree to pay the alien the greater of the actual or
prevailing wage for the position. Once DOL approves the LCA, the U.S. employer may file the H-1B petition with USCIS. |
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chuckles951
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You are supposed to apply for the H-1B while on OPT. However, when it comes to the labor certification part of the application, the employer has to make an effort to find a qualified US citizen for the job. Unfortunately there are plenty of massage therapists in the USA. Besides, the H-1B is generally meant for people with a 4 year degree and MT is seldom that.
Also remember that an H-1B costs an employer about $5000 to obtain. Many employers are thinking twice about paying that kind of money.
But if you have found such an employer they will likely still have H-1B visas available until mid May. |
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