H1B---> US MBA--->H1B (without OPT)?

[desiboy100]

I am currently on H1B (I got my H1B on my Masters degree in the US). I also used my OPT initially during the first few months of my job.

I plan to do a 2 year full-time MBA in the US, next yr (Aug 2009). I would have used up 3 yrs of my H1B by then.

I understand that I won't be eligible for another 12 months of OPT for my MBA, since I already used my OPT for my MS degree (it seems that MBA=MS, as far as OPT is concerned). Please advice whether this is correct.

But my question is, when I finish my MBA, and if I am able to get a job, do I need to be considered as part of H1B quota (for fiscal 2012). Since I only used 3 yrs of my H1B, will I still have access to my 3 yrs left on my curent H1B.

If I do, what will the company need to do to 'reactivate' my H1B? Will the H1B have to start on October 1st of that fiscal yr, or can it start on ANY day, as long as the a US company hires me?

Thanks for your input.

 

[laborvisalaw]

Since you were already counted once against the quota, you will not be counted against once you finish your MBA. All you will have to do then is file the H-1B petition at any time you have an employer willing to sponsor it; however, note that you will not be able to start working immediately, you will have to wait until the H-1B is approved. We recommend you use premium processing for 15-day response in such case.

But my question is, when I finish my MBA, and if I am able to get a job, do I need to be considered as part of H1B quota (for fiscal 2012). Since I only used 3 yrs of my H1B, will I still have access to my 3 yrs left on my curent H1B.

If I do, what will the company need to do to 'reactivate' my H1B? Will the H1B have to start on October 1st of that fiscal yr, or can it start on ANY day, as long as the a US company hires me?

Thanks for your input.

 

[desiboy100]

Thanks for the clarification, that helps.

One more question: let's say that I graduate around May 15th, since I don't have OPT for my MBA now, how many days can I remain in the US (i.e. looking for a job), if i didn't have a job before graduation.

 

[laborvisalaw]

You have 60 days grace period after the completion of your studies. You can search for a job, travel, etc. but you cannot work. That means that you have until about the middle of July 2008 to leave the U.S.

Also, note that even if you find a job, applying for H-1B change of status, for example, may be a problem since some immigration officers deem this grace period as a time for wrapping up your presence in the United States and not as a time to change your status.

One more question: let's say that I graduate around May 15th, since I don't have OPT for my MBA now, how many days can I remain in the US (i.e. looking for a job), if i didn't have a job before graduation.

 

[desiboy100]

Thanks for your prompt response...

I have a better idea of what my options are now...and I will have to decide whether it is 'worth' doing my MBA in the US with all this extra immigration hassle...

You have 60 days grace period after the completion of your studies. You can search for a job, travel, etc. but you cannot work. That means that you have until about the middle of July 2008 to leave the U.S.

Also, note that even if you find a job, applying for H-1B change of status, for example, may be a problem since some immigration officers deem this grace period as a time for wrapping up your presence in the United States and not as a time to change your status.