Kap12345 Posted June 6, 2013 Report Share Posted June 6, 2013 Can I shift from F1 to H1B half way through the course? Here's my status: Dec 2006 - Entered US on H1B Oct 2008 - Transferred to another employer June 2010 - Filed for extension (Got extended petition till Dec-2012) Oct 2010 - Travelled India.. stamping was due but visa was not stamped. Jan 2011 - Got rejection letter from US Embassy, Delhi Wasn't too desperate about coming back so never tried again and started working in India Jul 2012 - Came back to US for MBA on F1. Completed one year and one year is remaining However, due to some unexpected financial circumstances I am thinking about taking a break and working to help raise funds for 2nd year else I would have to completely leave program mid-way which would be devastating. My university is very reputed but does not allow working while taking a 6 month-1yr break from school. My questions are: 1. Can I go from an F1 to an H1B? (considering my program is only half complete) 2. If I can shift to H1B, Since I have previously stayed in US on H1B for 4 years, if I file a new H1B would that be part of H1B cap or cap exempt? (I believe my employer had revoked my previous visa after I could not secure stamping) 3. If it is cap exempt, do I need to go with the same (previous) employer or anyone can file a visa? Answers to these questions AND any other general advise to help my situation are welcome. Cheeers Link to comment
t75 Posted June 6, 2013 Report Share Posted June 6, 2013 If you are eligible for cap exempt, you can work for anyone. The issue is the reason for your rejection; based on the limited information you provided, it may or may not be a problem. I am surprised you received F1 if you did not have sufficient funding for the program. I hope you did not falsify financial documents. Link to comment
Kap12345 Posted June 6, 2013 Author Report Share Posted June 6, 2013 Thanks for your response. The one line reason mentioned on the rejection letter was: "Your employer is either not willing or capable of providing you employment in the US" I had a scholarship covering most part of the program which I would not get for the second year as I missed my GPA target by a few second decimal places. Its a miss nevertheless, and school is insisting on going by the rule book, hence the additional financial burden. I can offcourse try shifting to a lesser expensive and lower ranked school, but that beats the purpose to coming to this one at first place. Based on the above reason for rejection and the fact that I have used 4 years of my previous visa, can I apply for an H1B that would be cap exempt? Link to comment
Kap12345 Posted June 18, 2013 Author Report Share Posted June 18, 2013 I would appreciate if someone could please respond to my query. Link to comment
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