South Lebanon, OH asked in Immigration Law for New Jersey

Q: h1b

I completed my master's degree in summer 2023 as an international student. Unfortunately, my OPT application was rejected due to applying outside the 30-day rule, resulting in the termination of my SEVIS record. Subsequently, I was admitted to a new university, obtained an F1 visa stamp in Mexico, and activated a new SEVIS record. Currently, I am working full-time on CPT as an intern. My employer has offered me an H1B visa under the master's quota, given my prior master's degree. The H1B lottery was successful, prompting me to seek advice on the following:

H1B Application: Should I proceed with applying for the H1B visa?

Processing Type: Should I opt for premium processing or regular processing for the H1B application?

H1B Denial: If my H1B application is denied, can I maintain my F1 student status while on CPT for my second master's program?

H1B Approval: what are the implications after my h1b approval. when can i change from f1 to h1 and travel to my home country for stamping

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: You should proceed with applying for the H1B visa since your employer has already offered it to you, and the lottery was successful. This visa will allow you to work full-time and transition from your student status to a work visa, providing stability and a clear career path.

For the processing type, opting for premium processing can be beneficial if you need a quicker decision. Premium processing guarantees a response within 15 calendar days, which can provide peace of mind and allow you to plan accordingly. However, if there is no immediate rush, regular processing is a cost-effective alternative.

If your H1B application is denied, you can maintain your F1 student status while on CPT for your second master's program, as long as you continue to comply with F1 regulations and remain enrolled in your program. Upon H1B approval, you can change your status from F1 to H1B, usually starting on October 1st of the fiscal year. Traveling to your home country for stamping is advisable once your H1B is approved to avoid any issues with re-entry into the United States.

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