H1B Application ..... Need Help!


bonp

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Hi,

Here is the scenario

Jun 2009 Completed Masters Degree in USA and started OPT

April 2010, I received H1b Visa and worked till 2011.

In June 2011 converted to F1 and did my MBA which is completing in DEC2012. F1 visa expiring on DEC2012

I have a company willing to sponsor my H1B However the quota for H1b for year 2011-12 is over.

Can I file for H1B now by porting my old number or do I have to wait till April? Can I stay in the country till April? Can I apply for a new OPT?

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Generally, once an individual has been counted against the H1B cap s/he is eligble to work on H1B status for up to 6 years before s/he would be subject again to the cap. Please schedule a consultation with an experienced immigration attorney to determine if you have already been counted against the cap and still have time remaining on your 6 years which would permit a new employer to file a cap exempt H1B petition on your behalf.

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