ppl with H1B !

mormo

for those of us who currently hold H1B and plan to work in the US upon MBA graduation, how does the H1B-F1-H1B transfer work? 

Say if someone originally applied for a 3 yr H1B then went to another company 2 yrs later, this H1B gets to be extended into the 5th yr (2 yrs @ Job 1 + 3 yr H1B pentition @ Job 2).  That leaves 1 yr up until the visa expires in yr 6.  Now say in yr 3 this person decided to go back to school to get his MBA.  He has only been on H1B for 3 yrs yet has filed H1B pentition for 5 yrs.  My question is: Upon graduation, will he be able to recapture the 2 yrs he never gets to use? 

I know for OPT the answer is definitely a No.  not sure if it works the same way for H1B.  could have talked with an attorney to have my concern addressed, but figured there must be someone on this board who could provide me the answer.  Thank a lot!  =)

[此贴子已经被作者于2008-3-29 1:21:18编辑过]

nodatg

for h1 visa.
Yes. You can.    And you have THREE years left .     total 6 ys -  3 ys which has been used.

mormo

以下是引用nodatg在2008-3-29 1:27:00的发言：
for h1 visa.
Yes. You can.    And you have THREE years left .     total 6 ys -  3 ys which has been used.

Thank you.  /bow

[此贴子已经被作者于2008-3-29 2:18:48编辑过]

abcd1234ef

I have a berelated question. Say if that someone LZ mentioned wants to work in the states post-MBA, will he have another OPT (let's say he had one OPT before MBA for the first job) or he needs to reapply for H1B?  In the latter case,  the annual H1B quota cap most possibly would have been reached at the time of graduation (May), right ? Any insight?

abcd1234ef

Found the answer on BW forum chat transcript:

        rajrao365: I am already working in the U.S. I have an
MS degree from a university in Missouri. I am looking forward to
pursuing my MBA full-time. Since I am already on an H-1B, do you think
it is a huge risk going for a full-time MBA? Please consider the fact
that I will have to be on H-1B again after my MBA.

    

        DavidWare: My answer depends on how long you have been
on H and whether you've been counted against the quota. If you've been
on H four years or less and counted against the quota, I'd say little
or no risk.

This is good news.

mormo

以下是引用abcd1234ef在2008-3-29 4:40:00的发言：
I have a berelated question. Say if that someone LZ mentioned wants to work in the states post-MBA, will he have another OPT (let's say he had one OPT before MBA for the first job) or he needs to reapply for H1B?  In the latter case,  the annual H1B quota cap most possibly would have been reached at the time of graduation (May), right ? Any insight?

I can answer this one.

you only get 1 yr of OPT after each successively higher degree, meaning if that person's 1st OPT was granted based on a bacholar's degree, then yes he is able to get another one post MBA.  However, if that first OPT was based on a master degree, then he won't be eligible for a 2nd OPT unless the 2nd one is based upon a professional program (i.e. JD, MD) or PhD.

Now here's the good thing.  He does need to reapply for H1B but he will already have been counted against the quota and his H1B becomes effective as soon as USCIS approves it (doesnt have to wait till 10/1, the beginning of the federal fiscal year).  The only downside is that his H1B would only be valid for the remainder of his first H1B.

abcd1234ef

I think you were probably looking at the same H1B thread I got my answer from on BW forum. FYI here is the link for other people with the same concern. http://businessweek.com/bschools/content/mar2008/bs20080318_724256.htm?chan=bschools_bschool+index+page_top+stories

LOL originally I intentionally ignored the legal complication of the F1-H1B-F1-H1B  process. My original thought about the whole MBA thing is that I don't want or need a green card and I am not going to stay in the states after MBA anyway. Now I am definitely going to a business school, I think I should smart up and keep the option open. Can you apply for green card while in a business school, say through NIW or EB1?

Whitney

"Can you apply for green card while in a business school, say through NIW or EB1?"
NO. 

For OPT, I am not sure - check international student office.
I guess that you can apply GC through NIW after your MBA.  As long as you start GC application, you can stay in H1B until your GC is approved.  Also keep in mind about O1 visa.

bluebonnie

However, if that first OPT was based on a master degree, then he won't be eligible for a 2nd OPT unless the 2nd one is based upon a professional program (i.e. JD, MD) or PhD.

What if I wanna pursue a master degree, work one year or two and then a MBA?

mormo

以下是引用bluebonnie在2008-3-29 6:09:00的发言：

However, if that first OPT was based on a master degree, then he won't be eligible for a 2nd OPT unless the 2nd one is based upon a professional program (i.e. JD, MD) or PhD.

What if I wanna pursue a master degree, work one year or two and then a MBA?

My assumption is that if you plan to stay in the US post MBA, you must find a full-time job and have your company file your H1B pentition before you graduate.

I dont think you would have problem finding a job if you already had 1-2 yr of w/e in the States before.