F-1 Students : One year of Practical Training - What's next?
Posted Nov 28, 2001; updated Apr 06, 2005

Most F-1 international students know that they can get up to one year of practical training work authorization after completing their studies, generally referred to as Optional Practical Training (OPT), in order to distinguish it from Curricular Practical Training (CPT). OPT actually can take place either during or after completion of the program of study. Both CPT and OPT provide foreign students with valuable opportunities to obtain work experience in the United States. The OPT enables one to work for any employer, as long as the work is related to the subject studied.

Once all practical training has been exhausted, the student may have several options. Some F-1s return home or go to another country. Others may receive an offer to pursue H1B employment in the U.S. Many may return to school to pursue higher degrees in the United States.

The H1B Option

One considering the H1B option should begin the H1B process as early as possible; ideally five to six months prior to the expiration of the practical training authorization. In that way, even if there are unexpected delays in the process, the H1B petition still can be filed prior to the expiration date. As we at The Law Office of Sheela Murthy have observed, USCIS Service Centers vary in processing times. 

The H1B process begins with determination of the prevailing wage. An H1B employer is required to pay the higher of either the prevailing wage for the position in the local area or the actual wage paid to employees who hold similar positions at the company. The prevailing wage data, which can be obtained from the State Workforce Agency, the U.S. Department of Labor (DOL) Online Wage Library, or certain alternate wage surveys, as well as other basic information, is then entered onto a form, known as a labor condition application, or LCA, that is submitted to the DOL. DOL then certifies the LCA and returns it. The LCA typically is submitted and certified electronically.

The next step is to submit the petition form to the USCIS along with the LCA and information on the company, the nature and duties of position, and the employee's / beneficiary's background and education.

The processing times by the USCIS vary depending on where the application was filed, which, in turn, depends on the location of the job.  There are four USCIS Service Centers that can vary significantly in terms of processing times. Requests for evidence may slow case progress even more. The processing times, posted by each of the Service Centers, are available through MurthyDotCom.

One filing for H1B status may choose to pay an additional fee for premium processing. When this fee is paid to USCIS, an initial decision on the case is made by USCIS within 15 days. The decision can be an approval, denial, or request for additional evidence. If the USCIS requests additional evidence on a premium-processed case, the agency restarts the 15 days towards a decision when the response to the request for evidence is received. As with all requests for evidence, the USCIS generally accepts only responses submitted by the deadline given by the USCIS.

An H1B petition filed on behalf of an F-1 student generally would be filed requesting a change of status, so that if the student is in valid status, s/he would be eligible to obtain a change of status within the United States without having to travel abroad when the H1B petition is approved. If the H1B beneficiary needs to travel abroad at some point, it generally is necessary to obtain an H1B visa stamp in the passport from a consulate abroad in order to reenter the U.S. in H1B status.

One planning to change from F-1 to H1B should be aware of H1B cap issues. If the cap is met for a fiscal year, cap-subject cases cannot be filed for a start-date before the beginning of the next fiscal year. The USCIS normally issues a notice in the Federal Register to describe how this matter affects F-1 students who will exhaust their OPT before the H1B cap is reset for the next fiscal year. We at The Law Office of Sheela Murthy frequently advise students on matters of cap exemption and interim status.

The Option of Returning to School

One in F-1 status who decides to pursue additional education in the United States needs to take steps to comply with all rules regarding the Student and Exchange Visitor Information System (SEVIS). An F-1 who obtains a second degree may use another year of OPT.

Conclusion

It is important for an F-1 on OPT to plan ahead before the OPT expires. Our attorneys at The Law Office of Sheela Murthy are available to consult with you on your options to determine what's next!

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