I was searching on Google, how does one stay in the US if don’t get H1B?Many students on F1 status may be looking for this type of solution.I have got one answer on Quora from the anonymous writer and I am putting it as it is.I hope it works out for you…
“I think my answers come a little bit too late, but I’m sure this will help others who didn’t get their H1B.
There are close to. In fact, I used F1 CPT, J1, and O1 during the years I was not able to get H1B. No lawyer had mentioned these alternatives because they are a little tricky. However, they are very viable options if you have a supportive employer. Here are some examples of the visas that allow you to work in the US without H1B:
- J1 Trainee is a visa intended for training purposes. It is not meant for you to take a regular job and replace a full-time regular employee. But if you have a supportive employer, the employer will agree to rewrite your job offer as a “training offer”. That way you will both be compliant with the law and you can happily continue working on your job. Nobody needs to find out about this arrangement.
- H3 is a visa intended for training, but again, with a supportive employer, you can do the same trick as with J1 Trainee to work on a regular job. The difference with J1 Trainee is that with H3 you have to prove that the training is not available in your home country. This is a great option if you work in a highly specialized field for which training is available in the US but not in your home country.
- O1 is a visa for people with extraordinary abilities. In other words, you have to prove that you are exceptional in your field. You don’t need to be a Nobel Prize winner to apply for this visa. You just need a great lawyer who will help you build the evidence to prove you are highly recognized and accomplished in your field.
- F1 CPT is work authorization given to students who are enrolled in a degree program. Some schools offer CPT from day 1 which allows students to work from the first day of class and throughout their degree program. It’s a great option as long as you know the tricks to minimize the risks (picking a safe school, convincing your employer to support you, maintaining appropriate documentation, etc).
The bottom line: There are many visa alternatives that allow you to work in the US even if you didn’t get your H1B. I do want to stress out that each one of them has a risk, and the art is to minimize these risks so you can work in the US without jeopardizing your future immigration plans.
In order to make H1B visa alternatives work successfully, you should consultwho understand the “tricks” you need to apply, the potential risks that exist, and specific instructions to minimize the risks.”
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