bonp Posted October 31, 2012 Report Posted October 31, 2012 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?
Attorney_10 Posted October 31, 2012 Report Posted October 31, 2012 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.
cooldude76 Posted October 31, 2012 Report Posted October 31, 2012 I dont think so you need to wait till next year. Your new employer can apply to sponsor your new H1(cap exempt).
bonp Posted December 17, 2012 Author Report Posted December 17, 2012 Hi Guys, FYI, My H1b was approved and I was Cap Exempt......Thanks for your help
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