Immigration Issues/Best options on OPT

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Question
I'm about to finish a masters degree on December 2012 (F1 visa).  I will be requesting an OPT visa through the university. I hope you don't mind anwering these related questions.

How soon after I start working can I request an H1B?

If I can't find a job related to my degree can I enter a job related with my college degree?

While on OPT can my wife work or study? She's on an F2 right now.

If I decide to open a business to request an investor visa, how much do I need to invest?

Does the 2 years I spent on the masters degree count towards the precense needed for requesting permanent residence?

Thank you Mr. Sung.

Answer
Dear Gerardo,

My answers to your questions are below:

How soon after I start working can I request an H1B?

ANSWER: There are 2 possibilitie.  First, if H-1b quota is still available this year in December, you can start working immediately after filing for H-1b.  I highly doubt that there will still be numbers left by December, though.

Second, if H-1b quota runs out in December, the next window of time you can apply for H-1b is April 2012.  After submitting the H-1b petition, you can continue working until Oct 1st, 2012, when your H-1b will officially start.

If I can't find a job related to my degree can I enter a job related with my college degree?

ANSWER: For OPT, yes you can.  For H-1b, the job must relate to your field of study or existing expertise.  Existing expertise means if you know a field really well for more than 12+ years, you can also accept a job in that area, although your degree does not relate to the job.

While on OPT can my wife work or study? She's on an F2 right now.

ANSWER: No she cannot work but she can study.

If I decide to open a business to request an investor visa, how much do I need to invest?

ANSWER:  The law does not have a clear answer on this, but the lowest amount I have done successfully is $200,000.

Does the 2 years I spent on the masters degree count towards the precense needed for requesting permanent residence?

ANSWER: There is no green card option related to "presence."  This means, you can be living in the US for 10+ 20+ or 30+ years and still will not become eligible for the green card.  The only ways to become eligible for green card is (1) family petition, (2) employment sponsorship, (3) investment green card.  There is also asylum, but that depends on what country you're from.

Sincerely,

Jack

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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