| Q. |
H-1B to F-1 to H-1B Visa
I am on H-1B visa. First 3 years of my H-1 will be completed this winter. This fall I will be going for MBA on F-1. Can I apply again for an H-1B after completing my MBA without being subject to the H-1B cap?
User's Location:
San Francisco, California, United States of America
Category:
Temporary Work Visa (H,L)
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| A. |
If your current H-1B was counted against a cap, you should not need to worry about the H-1B cap after completing your MBA. In general, as long as you were counted against the cap within the past six years, you should not be subject to a cap for a new H-1B filing. This is true even if you change to F-1 status and then back to H-1B again after completition of your studies.
If you look at Part C., Question # 5 on the H-1B Data Collection and Filing Fee Exemption Supplement, you will see the relevant question on this issue:
"Has the beneficiary of this petition been previously granted status as an H-1B nonimmigrant in the past 6 years and not left the United States for more than one year after attaining such status."
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| A. |
I should point out that even an absence outside of the U.S. of more than one year does not necessarily subject you to a new H-1B cap under the "H-1B Remainder" provisons of a December 2006 CIS guidance memo.
See: http://www.uscis.gov/files/pressrelease/Periods...
Regards,
Andrew M. Wilson, esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
That last bit is very interesting to me. Thank you Mr Andrew. |
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| A. |
Yes it is interesting and that memo is extremely helpful in clarifying some H-1B issues. It outlines how H-4 and H-1B time are counted separately, how you do not need to be in H-1B status for extension requests beyond six years and it reviews the remainder concept. Overall it is a great memo.
Regards,
Andrew M. Wilson, Esq.
awilson@srwlawyers.com |
| |
Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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