Transfer from F1 to H1

Hi All,

I am currently pursuing MS in US (1st Semester). I will be completing the course by Feb 2016. My question is that can I apply H1 on April 1st 2015. I’ve started the course about 2months back and will be completing first semester in 2 months from now. Please suggest.

Thanks.

You can go for H1 this time, but you will not be under Masters Quota. You must go thru Regular Quota

Also You must have the eligibility of H1 (4 year university degree)

Thanks for the reply. But I have three years of degree and 12 years of work experience. Will that be sufficient or is it mandatory to have 4years degree. Also if I apply for H1 will it impact my MBA program.

Thank you

You are eligible as you have > 12 points. H1 will not impact your MBA program

The requirements to qualify for an H1B visa are:

You must have ONE of the following

  1. A Bachelor’s degree or Masters Degree (or the foreign equivalent degree from your Country), OR

  2. 12 years work experience, OR

  3. A mix of further education + work experience

The general H1B visa qualification rule is:

  • for every 1 year of studies at University / College = 3 points
  • for every 1 year of work experience = 1 point

12 points in ‘total’ are required to qualify for the H1B visa program

Hi Rana,

Thanks a lot for your update. So what I understand is that I can apply H1 for April 2015 and also can continue my MBA program. Do you think is it going create any problem at USCIS to show two different status. One for F1 & other for H1. or how will it go. Cos once I apply for H1 USCIS will check my status and they would know that I am on F1 and its only been two months. So wouldn’t they reject my H1 application and also I’m afraid that they might even revoke my F1 visa. What do you say?

F1 and H1 are two different applications which are independent. You don’t need to worry. You are not applying under Masters Quota, so you are good. However you need to decide if you want to leave your MBA after Oct 1 (as H1 starts from Oct 1)

So after Oct 1st I cannot continue my masters as my status has changed to H1(if it is picked in lottery), is that right? Also I am in US right now pursuing my master 1st semester (Completed two months of course).

Please suggest.

You can continue if COS is not applied along with H1…
However you need to go out of country and get stamped after your MBA, if you want to work on H1

ok, but do we need to apply for COS along with H1?

Once I complete my MBA in Feb 2016 I need to move out the country to get stamped for H1? That means I cannot work immediately after my MBA even if I have valid approval for H1. Correct me If I’m wrong.

Thanks.

Yes, COS is needed from F1 to H1
You also need to go out of country and get stamped after MBA

So I need to apply COS for F1 to H1 and once H1 is approved I need to wait so that I can complete my MBA. Once done with MBA then I need to leave country for H1 stamping and come back and work.

You need COS from F1 to H1 if you want to work on H1 when you are in US… Else you don’t
Once you exit the country after MBA and go for stamping of H1, you will be entering US on H1 status