Applying for an H1 in July

esgargs

Registered Users (C)
I am currently on an F1, and am ineligible for obtaining an OPT because I am not completing my degree. I already have me master's from an American University. A company is willing to sponsor my H1 as soon as I join them, but I cannot join them until the first week of July.

How does the cap situation generally look like at that time? What if we factor in the additional 20,000 VISAs? I have no knowledge about this subject, and would really appreciate any solutions/advice.

I cannot risk getting out my F-1 status until I have a valid H1 in my hands.

Thanks

-es
 
Hi esgargs,
If company is ready to sponsor you H-1B you can apply for that with your masters degree. You will not be having any problem with the additional 20,000 visas since you have a masters degree from the American University. Once your H-1B petition approved they will give you the petition start date. Before you cannot start working. You will be able to start working from Oct1st only. So You can start apply with your masters degree. Visit usimmigration.visapro.com/H1B-Visa.asp for more details about H-1B visa.
 
H4 to H1

Thanks for the info HBK.
I am on H4 visa in US since Dec,2004 and now my company is ready to sponsor my H1 visa within these 20,000 quotas.
Are there any chances of my visa application getting rejected since I have only 2 years of IT exerience?
How long will it take for me to work after my company applies for an H1 ?
Should I wait till October ?

The website http://usimmigration.visapro.com/H1B-Visa.asp says
"If you are already in the U.S., you can start working for your employer as soon as you receive the H-1B approval notice."

I am confused.
 
That will be applicable for the applicants whos applying for change of status and if the H-1B cap has not been reached you can start working once you received the petition. But now the cap has been reached already so you have to wait till Oct1st to start working for your emplyer once you got the approval notice.
 
The H-1 cap has been reached?

Is there anything I could do to get an H-1 immediately to start working asap??

Thanks
 
If you have a US Masters, you can get into FY2005 20,000 H1B quota. In this case, the H1B will be valid as soon as it is approved and you CAN start working right away.

If you do not have a US Masters or you don't make it to the FY2005 20k H1B quota, then the next window is the FY2006 65,000 "regular" H1B quota. While this may be issued in the next few months, any H1B from this quota CANNOT be used to start working any earlier than October 2005.

~Th
 
talkative said:
If you have a US Masters, you can get into FY2005 20,000 H1B quota. In this case, the H1B will be valid as soon as it is approved and you CAN start working right away.

If you do not have a US Masters or you don't make it to the FY2005 20k H1B quota, then the next window is the FY2006 65,000 "regular" H1B quota. While this may be issued in the next few months, any H1B from this quota CANNOT be used to start working any earlier than October 2005.

~Th
I think the new 20,000 visas are available to a wider group i.e. all beneficiaries and not just to those holding US Masters degrees. As such, any beneficiary (including those who do not hold US Masters) who makes use of 20,000 quota can work right away without waiting until October 1, 2005. :rolleyes:
 
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So is it safe to seek an H1 in the month of July?

Basically, I want to goto India for the summer and then get an f1-H1 Change of status as soon as I get back. Is this considered a fraud in any way?
 
Studious said:
I think the new 20,000 visas are available to a wider group

If you look at Rajiv's latest update, USCIS still has not "made up their mind" on this. So it still can go either way.
 
esgargs said:
Is this considered a fraud in any way?

Of course not.

esgargs said:
India for the summer and then get an f1-H1 Change of status

It is not change of status. It is a fresh visa. Change of status is what you want to do to go from F-1 to H-1 without leaving US.

~T
 
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Well, the idea is to go on a vacation on my F-1. Come back, and then get an H-1/Change of status. I have tried looking for rules about this, but everyone tells me a different story. Is there a 60 day period required to make any changes in the VISA status upon re-entering the US on an F-1?

I am really confused about what to do. Any advice would be greatly appreciated.

Thanks.
 
talkative said:
If you look at Rajiv's latest update, USCIS still has not "made up their mind" on this. So it still can go either way.

AILA's latest update says that 20,000 will be available to all beneficiaries.

It is not worth fighting over here as it does not apply to esgargs' case. :rolleyes: :D
 
esgargs said:
Well, the idea is to go on a vacation on my F-1. Come back, and then get an H-1/Change of status.

You could do that IF the new 20,000 visas (applicable to FY 2005) would last until July. If INS starts accepting H1B petitions from April 1, 2005, I doubt they would last until July. If the new visas reach 20,000 limit before your re-entry you can still change your status to H1B out of 65,000 visas (applicable to FY 2006), but you would not be able to start working for your employer until October 1, 2005, and you have to maintain your full time student status until that time. In essence, the advantage of applying for the new 20,000 visas is that you can start working for your employer immediately upon approval.

I have tried looking for rules about this, but everyone tells me a different story. Is there a 60 day period required to make any changes in the VISA status upon re-entering the US on an F-1?

There is no such rule. You can change your status from F-1 to H-1 immediately upon re-entry. The 60-day grace period rule applies to F1 students in the OPT period and it is not addressed in the context of "re-entry".

I am really confused about what to do. Any advice would be greatly appreciated.

H1B allows for the selection of a specific start date. Once USCIS starts accepting the petitions for the new 20,000 visas, you can petition for your H1B with a provision that your H1B period start from July X, 2005 (which is the day you are going to start working for your new employer). Your application will be approved within 15 days approximately if you go for premium processing, which every one should do at the present time as ordinary processing takes 6 to 8 months time for approval. If your petition is approved, your status will be F1 until July X and then H1B after that date.

Let's say if your H1B petition is approved in April or May and your H1B start date is July X, 2005. Can you travel home in May or June and come back and start working in July? If H1B is approved and the alien leaves U.S., he must get his H1B stamped at a U.S. consulate prior to his re-entry. Your H1B stamping becomes easier if you have the latest pay stub. If you don't have a pay stub your case will be the same as those entering U.S. directly on a work visa and the consulate people may deny your re-entry on H1B visa. If you have the latest pay stub, the chance of denial is very very minimum. You have to keep in mind that you will not be having a pay stub until July or August, 2005.

If I were you, I would start petitioning for my H1B in April and postpone my home trip until I get my first pay stub. If you are so desperate to go home, you should not petition for H1B in April and should do so after returning to U.S. in July, in which case you would be able to start working for your employer only on October 1, 2005. (on the assumption that 20,000 visas would not last until July, It should be noted that FY 2005 cap of 65,000 was reached before October 1, 2004. On an average 11,000 H1B petitions were filed and approved every month. If the employers file petitions at the same rate for the new 20000 quota, the limit will be reached in less than two months.)

There are so many things involved in your case. I suggest that you consult an attorney. Finally, you are the one who needs to set your priorities and proceed further.

Hope this helps. :rolleyes:


Thanks.
 
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