hi sajha users,

my opt is expiring on june 05,06 and my sponsor is applying my h1 on apr15,06. so, i am planning to go back to nepal after i get my h1 docs. and i am planning to come back in oct, 06. so my questions are:

What process do you suggest me to do to apply h1(do you prefer premium over normal processing?)? since, to get h1, it takes a max of 150 days(ie beyond my grace period.

Is there any obligations for those people who worked in his OPT for 3 months and go back to nepal for visa stamping?

i will be really thankful for the help.

Delicate, seems lke nobody helped you. Bcz i saw your posting before too. Harris is a person with broad idea on Immigration matters. He might be bz otherwise he could help you. I do not know much still trying to share my view.
If you have decent job offer, your employer is reliable one, not like established on 2005 or run by 1-2 people, if you have good educational qualification, then I do not see any reason you wont be given h1 Visa. I know in person, who got job on H1b with nepal's bachelors degree and came to US directly on H1B. Many Indians come to US on H1B directly.
I do not see any benifit of going for premium processing. Even if you get result within 15 days you will have to go back to Nepal as your work start date will be October. However if you choos to do so for you personal satisfaction then that is different. So If I were you I would make good understanding with employer and go back nepal. Other option can be join School for Summer or Fall. Leave School after Work or start working. but be careful for overlapping dual status.

mr. nepal ko lato ,

first of all thanks a lot for your response. yeah, you are right, i had also posted before about the same thing and i didn't get any response. but that's fine, i got sth now. and yeah, i wanna clarify about the info of my employer. i am working for a consulting company and it has been founded around 1999. i don't know whether the US Embassy will have a tracking procedures for all the companies or not, but i am lil' bit aware of getting the visa stamping in nepal because of my status in opt. i think that they might evaluate me as it hasn't been a long since i have been working. so, i don't based on my duration of my experience in the work, there might be some hole of difficulties in order to get visa. and by the way mr. nepal ko lato, do we also have to show bank balance? i would be grateful. thanks man!

Definitely they will look on how much reliable your employer is. Stronger the employer stronger your chance for getting approved. They might believe easily if the employer is white. instead of run by Indians or nepalese.........I dont think that bank balance can be a factor of decision bcz you are cong here to earn instead of speninding as you do in f1. Still you can show some bank balance to show that you can affford your personal expenses + some proof that you will be back to nepal after completion of job.

Yo Delicate, go for premium process ASAP ( as soon as the H1 quota starts). Here are the rules of engagement:
1) your OPT expires on June 5th 2006, that means you'll have 2 months grace period, basically what that means is, you will be in status until august 5th 2006 (60 days). I don't know how much does premium process takes but I have my friends gotten H1 within a month.
2) You've two choices after august 5th, either you must be out of country or you must have a valid I-20 since you don't have any other option, tourist VISA is another hassle.
Going to a summer school is a cowboy bull *hit. On August 2nd go to Kaplan(takes few hours to get an I-20, but you've to spare few days for your transcript to be sent from your school to Kaplan), enroll in GRE or GMAT courses, lasts for 6 months which is more than enough and you'll end up with about $1500 only, excluding transportation , your precious time (didn't mean to be sarcastic here) and miscellaneous.
I've been through the same situation last year...solved it and i'm happy now. H1 and any other cases will never be rejected in US unless the company is really 'uked up...They'll notify you if you or your employer missed something in the processing package.
So, bottomline, do premium, study hard, and stay calm....Late June and first week of august is the critical time for ya....And I would say join Kaplan kaplan kaplan ( they should pay me by now I guess ha ha....)...or if you're from NY area, look for some cheaper language schools that offe GRE or GMAT courses....
Let us know if you've any other serious questions...You've a solvable problem, you must not suffer!!
Bhaskar

" but i am lil' bit aware of getting the visa stamping in nepal because of my status in opt. i think that they might evaluate me as it hasn't been a long since i have been working."

Looks like you're not confident about your graduation Mr. Delicate...Come on man, you've a US degree now, you've worked your ass out for last 5 yrs for that degree doing some $8 or less job. Be confident and you'll be alright. People can get employed here and anywhere in the world right after they graduate from college. I think you're just thinking too much. End of June is too far bro, study hard!! There are tons of opportunity if you know the shit well!!
Good luck...

" but i am lil' bit aware of getting the visa stamping in nepal because of my status in opt. i think that they might evaluate me as it hasn't been a long since i have been working."

Looks like you're not confident enough with your graduation Mr. Delicate...Come on man, you've a US degree now, you've worked your ass out for last 5 yrs for that degree doing some $8 or less job and at the same time attending classes, doing all the homeworks, and giving all the quizzes, wake up dude. Be confident and you'll be alright. People can get employed here and anywhere in the world right after they graduate from college. What you need is stop thinking too much. End of June is too far bro, until then study hard!! There are tons of opportunities if you know the sh*t well!!
Good luck...

As far as I know, H1B visa from consular office in home country is only a routine process. I can't think of any problem for getting H1B stamped on your passport when you come back from Nepal. This only faciliates the biometric capturing process and filling I-94 (arrival/departure record). If a F1 -> OPT can get H1B stamped within US, why should you be denied?

Once USCIS approves the LCA and H1B papers, consular office has nothing to do, but put you in their database. Therefore, you will not have any problem in US Consulate and Port of Entry. However, in another thread, some friends have indicated problem from the Nepali customs officer for not having labor certificate from the Nepali Ministry of Labor or something. Please be careful abou that and plan well in advance.

You may request your H1B papers be sent to your address in Nepal, however, if money is not a major factor for you, I would suggest you to do the premium processing and carry all the papers with you.

The length of previous work with the company is not at all important. H1B is approved for a job you start. On the other hand, an approved LCA indicates that (1) you are not displacing a US Citizen from the employment, and (2) you also get the same treatment in terms of pay and working condition that a US citizen gets. Since you are coming for well paid job with US standard, evidence of bank balance should not be required (However, having a couple thousands of dollars in your account may be good if your sponsor does not pay relocation allowances). Please get suggestion from friends who have done this before.

Good luck for your bright future!

Thanks a lot guys. yeah, there is only two options i have after august. i am leaning more towards going home but at the same time i wanted to keep the backup option on getting I-20. Mr. BhaskarNJ, you gave me the idea of getting the I-20 and i understand why you recommended me. there is always a chance of getting rejected no matter what, you never know. but what about getting I-20 from some colleges that has the classes starting on intersession semester. for fall, intersession classes starts around mid-sep. so that way, i don't have to worry about of going off-status.

mr.harris, what about the company that is owned by indians because i am working for them. is it hard for the counselors to believe on them? the company is a consulting company and has pretty good reputation. it was established around 1999 and up-to-date there are around 450 consultants working for it. so, it has pretty good reputation in the market.

and as far as getting my h1 papers via airmail is kind of uncertainty. you never know how long it's gonna take to get the papers back in nepal. i don't trust the postal system being sent to nepal. so, i am thinking to do premium processing. what you think?

thanks a lot again guys!!

Bhaskar, can you take online courses and get i-20? i thought you couldonly take 1 online credit per semester as an international student.

I am glad that you got some good advices. Get full information before attending course with Kaplan so that you are eligible as a full time student to get I-20. Good Luck.

Once USCIS approves the H1B paper, why should the consular deny a visa stamp? That will be a rare example if it happens.

Dyamn, you can't get I-20 only for online courses. Even you are already in the US on F1 status, enrolling online courses only doesn't maintain your visa status. International students must enroll and attend classes while maintaining minimum course load set by the university.

Normal course load for international student is:
Undergraduate 12 credits, graduate 9 credits; working hours allowed max. 20 hrs/week during class in session, 40 hrs/week during breaks. Some universities allow to take 9 credits for undergrad and 6 credits to graduate as a minimum if they are on assistantship.

Thanks for posting this tread

Dude, you can't take online courses these days.....There used to be days when you can enroll on online courses and maintain the F-1 status, but not these days, which is too harsh especially in these situations.
Since I've already mentioned about enrolling in Kaplan center, one of you guys will sure be confused on whether to take online classes or attend the classes. Guys, attending classes are mandatory for F-1 students(even for kaplan students) and it(kaplan to be precise) coems with some strict rules and regulations . Make sure you carefully and strictly follow 'em ( you'll know on the day of your enrollment!!)
Reply me for any other specific questions...
Bhaskar

Harris, I don't wanna be mean but this ----->
"Normal course load for international student is:
Undergraduate 12 credits, graduate 9 credits; working hours allowed max. 20 hrs/week during class in session, 40 hrs/week during breaks. Some universities allow to take 9 credits for undergrad and 6 credits to graduate as a minimum if they are on assistantship. "
DOESN'T APPLY IN KAPLAN...They've some "severe"(only if you'll be working in your project while attending Kaplan, otherwise the coolest Rules....)
I thiink Kaplan needs to send me a keg of Sierra Nevada by now...ha ha...but Kaplan you saved my days! Thanks...
Bhaskar

Hey Bhaskar, so what are you saying, if we can't take online courses then how can we enroll in Kalpan and maintain the status? so are you saying that Kalpan is no good anymore or should we find a Kalpan center in our location where they offer physical classes. Please help..and thanks a lot Bhaskar

"should we find a Kalpan center in our location where they offer physical classes."
Kaplan is the best dude. Unless you wanna spend an extra 1000-2000 bucks for a college I suggest you to go for kaplan. But ,You're absolutely right, find a kaplan center nearby, Call 'em and ask the details. They're especially great in giving the correct information.
As I can smell that you've already gone to their website(keep up your curiosity!!) , yeah they offer two kinds of classes, online and the usual class....Physical class, in your words, is for us (seeking F1..)

"so are you saying that Kalpan is no good anymore "
Dude I'm asking them for some nice ale for advertising their business....
cheers
Bhaskar

Hope that helps!
Bhaskar

Mr. BhaskarNJ, you gave me the idea of getting the I-20 and i understand why you recommended me. but what about getting I-20 from some colleges that has the classes starting on intersession semester. for fall, intersession classes starts around mid-sep. so that way, i don't have to worry about of going off-status.

sorry delicate, i didn't mention that one yet, but it's good that you asked!! Actually that's the best way to go unless you go for the regular processing. A big time money saver and yeah of course our precious time!! Here is one thing you may face if you don't go for premium:
H1 approval might take longer than expected, can be as late as end of november/december....With this precaution, you shouldn't enroll in colleges where the session starts from september or october...
Go for the premium, get I-20 from a college, Forget Kaplan....
That's the final answer for premium goers..
But regulars,sit tight, Kaplan is always there.....And guys, don't forget to hunt for some other language/gre centers....Let me know if you find one cheaper and flexible...
cheers,