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F1 to H1 in Master's Quota

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  • F1 to H1 in Master's Quota

    Hi,

    Is it true that an employer can file H1 for a Master's Quota candidate at any time of the year ??

    Or the employer has to wait until April 1 to file for a student under the Master's quota as well ?

    To elaborate for a particular case, suppose someone graduates in August'09. Can an employer file for his H1 in the same year 2009 or will the employer have to wait for the next fiscal year which is April'10.

    Thanks

  • #2
    Is it true that an employer can file H1 for a Master's Quota candidate at any time of the year ??

    Or the employer has to wait until April 1 to file for a student under the Master's quota as well ?

    ---- Yes, the employer can file for H1 at any time provided the H1 is for a Non-Cap H1 like a University or research institution or any employer who is a non-profit organisation

    To elaborate for a particular case, suppose someone graduates in August'09. Can an employer file for his H1 in the same year 2009 or will the employer have to wait for the next fiscal year which is April'10.

    ---- For the first part refer above. If the employer is aprofitable organisation then they have to file for H1 in April 2010 if you graduate in Aug'09

    Subramanya

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    • #3
      A question about f1 to h1 transfer

      Hi.

      Can you let me know if it is feasible to apply for h1 on basis of bachelor's while pursuing master's on f1?

      is it beneficial or is it advisable to apply after completing master's and then apply for h1?

      please help.

      thanks

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      • #4
        US Master's degree holders have a better chance of getting selected in the lottery.
        This is my opinion and not legal advice.

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        • #5
          F1 to H1 in Master's Quota

          Yes you are right... US Master's Degree holder have a batter chance.

          Suppose a company applies for H1 for a candidate who is still on f1 doing Master's. and the student also gets through the lottery.

          Now the question is that does the USCIS take it in a wrong way... (reject the H1 petition since the student came to pursue studies and he applied for H1 even before completing studies)

          Thanks

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          • #6
            No, USCIS does not take it in the wrong way.
            But, if H1 petition accompanies change of status, I don't know if you can study while in H1 status. Also, in H1 status you are not eligible for OPT and other F1 priviledges like on-campus work even if you are allowed to study.
            There are issues involved with gap between completing your degree and October 1 etc., nothing is impossible but study all the aspects in detail before you plunge.
            This is my opinion and not legal advice.

            Comment


            • #7
              You MUST work while on H1b and get paid to maintain status. You may also continue your studies in addition to working.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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