Student to worker visa


Raghu3101

Recommended Posts

Posted

HI,

My wife did her Masters in USA during the period Sep-2002 to Jan 2004 on student F1 Visa.

She returned India immediatly after her Master in Jan 2004 and Never travelled to USA.

Can now she apply for H1B on any of the exempt categories or should she apply through a fresh Cap next year.

 

Thanks,

RH

Posted

Generally, the H1B beneficiary must be counted against the numerical H1B cap one time in six years to be eligible for H1B status. There is an exception to the cap if the petitioner (employer) qualifies as exempt. Exempt petittioners include U.S. universities. Generally, a cap subject petition may be filed April 1 for an October 1 start date. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your wife's case and to determine if she is cap subject.

Archived

This topic is now archived and is closed to further replies.