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New H1B from F1

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  • New H1B from F1

    Hello,

    I had a question regarding applying for a new H1B. I am in F1 visa from 2008 and last May, i transfered my Sevis to a new school for another masters degree for a September (fall, 2011) admission. I have completed my first masters degree on last December, 2010. I have never used my CPT or OPT since now and i know that i have lost my OPT from my old school since i transfered my sevis.

    Now, I had asked my new school to change my admit from September, 2011 to this January, 2012 and they have done it. Now i have been applying for jobs and i have found an employer who is willing to sponsor my H1 visa.

    Can i apply for H1 and get it. Thank you for all your replies.

    Thanks
    Last edited by rinil334; 11-16-2011, 04:59 PM. Reason: title

  • #2
    Yes, your employer can file H1 for you while the cap remains open and after approval with change of status you can work for them.
    This is my opinion and not legal advice.

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    • #3
      Kabkaba- Thank you for your reply. Can you also please know what is my status now and will that affect my H1 application.

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      • #4
        Are you maintaining F1 status? IS your SEVIS active?
        This is my opinion and not legal advice.

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        • #5
          I had transfered it to the new school last May and now this semester (sep to dec) i am not registered for any credits. But my Sevis is active and with the new school and they have give me a Jan, 2012 start date for the new program.

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          • #6
            I don't think this is right. You have to be enrolled full-time all the time while in F1 status. Discuss this with your school's DSO. Which school is this?
            This is my opinion and not legal advice.

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