Can I transfer from F1 to H1B without the H1B cap issue.

USA H1B Visa
1

Hi,

So before I ask the question, my background:

I came to US for Masters in STEM and utilized all my OPT/OPT extn. Then I got a job and transfered to H1B. Now I am looking to do MBA and go back to F1. So there is no OPT option for me since I already exhausted my 29 months for a Master’s Level degree.

Now the question,

After I graduate as a student in, let’s say, May. Can I get transferred to H1B directly if a company wants to hire me (Since I was on H1B before I tranferred to F1). If not, how can I take up a job after graduation in USA since I have no OPT option left. Asking a company to hire me in October but file H1B papers for me in April sounds ridiculous. Why would any company do that (not talking about consultancy)

Please help, I am in a pickle here!! Any solution is welcome.

2

You are cap-exempt b/c of your previous H-1 approval. So it can be filed outside the cap as well (in May).

3

Thanks Saurabh

4

But can I work from let’s say May to Oct(when my H1 kicks in)?

5

You can work for them as soon as the petition gets approved w/ COS (which can be May). Ensure your H-1 is filed w/ COS and the COS also gets approved along w/ H-1 petition.

You are not bound w/ any April/Oct dates.