HI
I am currently on H1 and working in US. But i am planning to do my MBA this year. This MBA is a one year program. ( Univeristy of Rochester) . My question is next year, when i pass out( with a OPT) will i be considered for H1 B Masters cap program or normal H1 program.
As per my understanding, since i will graduate in June , i will not be able to work on H1, so i have to continue working on OPT . Now if i travel to my home country next year, ( i am doing a Visa transfer by application to USCIS right now), i will again have to apply for F1 visa in my home country. But my doubt is, will i be able to apply next year in my home country( since my degree will be over) . Please help.
I really appreciate your answers on these quesitons.
You will be cap-exempt as you already have H-1. Once you have received H-1, you are cap-exempt for next 6 years. You don’t need to go through cap/lottery again.
Thank u Saurabh. The thing is my H1 max out is only tikl this november. So how will that effect me?
Once you complete your 6 year cap, you have to stay outside of US physically for 1 year before entering the H-1 system again. So you cannot apply for H-1 unless you have satisfied this requirement.
Until you complete you degree, you can go for non-advanced degree cap. Once you graduate, you can go for advanced degree cap irrespective of whether you are physically present inside US or not.
Do you have a pending green card application?
Yes, my perm was applied 6 months back… but have not heard anything after that. Now my question is , lets say in next 1 month i get my perm( hopefully) , but then i leave my current company for studies, so the next employer can pick it up from wherever the status was? If yes,will i still need to go out of the country for one year and then apply under master cap ? Or i can stay here in US and the emplyer applies for a new H1 under master cap the following year? Because as i understand once you have I140 your H1 is extended for 3 years time period irrespective of max out period?