Q: Will I have to enter into the lottery again? What will the process be like for me next time?
I was picked and got an H1b visa stamp last year. However, I did not get into the company that hired me because the employer wanted me to work more hours than regular and have fewer holidays than it should be according to the work law in the U.S. of not abusing foreign employees. Now, I am returning to graduate school on an F1 Visa for 2 years. I am wondering, after graduation am I eligible to transfer into an H1b visa if I find a new employer? Will I have to enter the lottery H1b visa pick next time?
If my current employer "CANCELS" my H1B visa, how will it work if I find a new employer after graduation? How is it processed?
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A:
Since you were previously selected in the H1B lottery and obtained a visa stamp, you may not need to enter the lottery again if you apply within six years of your initial selection. This allows you to transfer your H1B to a new employer without going through the lottery process again.
If your current employer cancels your H1B visa, you can seek a new employer who is willing to sponsor you. The new employer would file an H1B transfer petition on your behalf, leveraging your existing H1B status. This process is generally faster and doesn’t require you to re-enter the lottery, provided you remain within the six-year limit.
After graduation, ensure you find a qualified employer to sponsor your H1B visa. Work closely with them to complete the necessary paperwork and meet all deadlines. Maintaining your F1 status while searching for a new sponsor is crucial to ensure a smooth transition to your H1B visa.
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