Physical therapist F1 to Green card or H1b?

Question

Hi,

I am a forien trained physical therapist came to USA 10 months ago on F1 visa now I have an employer who is going to sponsor me. Can I study simultaneously with job? if yes then what will be my visa stuatus? what is more preferred H1B visa or Green card for physical therapist and for my current situation.

thank you.

Answer 1

You cannot work off-campus with an F1 visa, this visa is for the sole purpose of studying.

If you have an employer who is willing to sponsor you for an H1B visa then that employer must file the intial paperwork. They must first file a Labor Condition Application (LCA) with the Department of Labor and then file the approved LCA with Form I-129H, Petition for Non-immigrant Worker with the USCIS.

If the H1-B visa petition is approved then you will need to file Form I-539, Applicaton to Extend/Change Non-immigrant status.

Yes, you may work and study on the H1B as long as it does not hinder your commitments to the employer who sponsored your visa.

As for a green card, again it is upto the employer to sponsor you for this and it is something you would need to take up with them. It is their choice to sponsor you for a green card or the H1B.

Answer 2

F1 students are not allowed to work off-campus without DHS authorization. full time F1 students are eligible to apply for off-campus employment authorization, CPT or12 months OPT without effective their existing F1 status.

you can apply for Off-Campus Employment authorization at your international office at your college.

http://www.ice.gov/sevis/employment/faq_...

or you can apply for CPT/Curricular Practical Training,

http://www.ice.gov/sevis/students/cpt.ht...

or

Optional Practical Training

http://www.ice.gov/sevis/students/opt.ht...

green card is more desirable if you plan to reside in US permanently.

h1b is a non-immigrant visa which allows its holder to work for the sponsoring employer for up to 6 years. green card on the other hand, is an immigrant visa that allows the holders to reside in US as long as they want. and work for any employer they desire. both petitions require sponsorship from employer and the beneficiary must posses at least a bachelor's or higher degree (or its equivalent) in the field related to the job offer. the employers must prove that they are unable to find a qualify US citizen or legal permanent resident for the position. and the job offer must meet the prevailing wage of the area of intended employment. h1b holders can can study full time or part time as long as they maintain their h1b status.

good luck.