Legal Question in Immigration Law in Massachusetts

Currently I am doing MBA in a reputed school in US. I am an international student with F1 visa. I have a total of 45 credits to graduate. I will complete 30 credits by May 2014. An employer is ready to file H1B for me on April 1 2014. I have not used my CPT and OPT so far. My questions are:-

1) While I still am doing MBA, can an employer file a H1B visa with my Bachelor's of Engineering degree ? That Bachelor's degree is enough for me to start this job.

2) If the employer files a H1B on April, from which date can I start working ?

3) Can the employer file a H1B Premium visa ? If so when will I get the reply ?

4) Suppose if the USCICS declines my H1B visa, will my F1 visa will still be valid ?

5) Will there be a problem in Change of State (COS) from F1 to H1B as I have not completed my MBA ?


Asked on 3/23/14, 1:24 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

To answer your questions:

1) Yes. However, you will be subject to the "regular" cap.

2) You can only start working on 10/01/2014, assuming your I-129 petition is accepted AND approved.

3) Yes. Once the H-1B cap "lottery" is completed, your case should take about 2 weeks, assuming you are chosen. Please keep in mind that there might be delays since I am anticipating that a majority of the 65,000 cap-subject cases will premium process this year!

4) Yes, your F-1 will remain valid as long as you continue your educational program, pursuant to the I-20.

5) No, there will not be a problem with a "change of status" because the H-1B only requires a BA for entry into the occupation. However, you will not be eligible for the H-1B Master's Cap.

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Answered on 3/25/14, 1:06 pm


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