H1B Master's Cap Questions

[Attorney_23]

This week, Murthy Law Firm attorneys will answer questions regarding the H1B advanced-degree exemption, often referred to as the “master’s cap.”

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.    

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[Attorney_22]

It is important to be aware of specifics regarding the Master's Cap: https://www.murthy.com/2018/02/21/h1b-masters-cap-pitfalls-cautionary-reminder-3/

[reshmi]

On 3/2/2023 at 3:18 PM, Attorney_23 said:

This week, Murthy Law Firm attorneys will answer questions regarding the H1B advanced-degree exemption, often referred to as the “master’s cap.”

If you have a general question, but do not wish to post it in the forum, you may reach a representative at the Murthy Law Firm via eMail. Please allow 3-to-5 business days for a response. Or, if you have case specific questions, please schedule a consultation with a Murthy Law Firm attorney.    

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

Can I stay in OPT  being an international student,  even after filing for H1b through consular processing?

I'm in my final semester and wanted to file for H1b through Masters Cap. I wanted to know if I'm picked in the lottery, After my filing completion through consulor processing, Can I continue to stay in OPT period until the end of that period and then convert to H1b ?

Can I know the pros and cons of filing H1b through consular processing as an F1 student.

 

[Attorney_22]

19 hours ago, reshmi said:

Can I stay in OPT  being an international student,  even after filing for H1b through consular processing?

I'm in my final semester and wanted to file for H1b through Masters Cap. I wanted to know if I'm picked in the lottery, After my filing completion through consulor processing, Can I continue to stay in OPT period until the end of that period and then convert to H1b ?

Can I know the pros and cons of filing H1b through consular processing as an F1 student.

 

It may be best to speak directly with a U.S. immigration attorney to discuss your personal circumstances and priorities, but generally, if your H1B cap-subject petition is picked in the lottery and approved for consular processing, you can continue to maintain your F1 OPT. Then when complete go abroad, obtain an H1B visa and re-enter the U.S. in H1B status. However, there may be other considerations so it is best to speak with an attorney.