Student to worker visa

[Raghu3101]

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

[jairichi]

What exempt categories? She has to find an employer who is willing to file a cap subject H1B petition next year.

[pontevecchio]

She can find an exempt job not subject to the cap if she finds a suitable sponsor or she can have a sponsor file a cap subject petition next April for a start date in October.

[omshiv]

I believe the MS Quota is full too...but anways you'll have to apply next yr.

[Attorney_10]

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.