Following Question about H1B Visa and expiring F1 Visa is answered by an Immigration Attorney.
My employer delayed it to file H1-B, and now the cap is reached so I lost that option, and my F1-visa is expiring in June 2013.
At this point I have an option of going back to school but a Masters again would be too expensive.
My question is that if I get into an associate degree just to maintain the status and then file the H1-B next year will I be considered under the Masters quota as I already have a masters degree from US. Your response is appreciated, Thanks
I am sorry to hear you missed the opportunity to file.
In all fairness to the employer, it was not clear until the USCIS announcement that visas would run out so quickly.
Also, even if you did file, there would have been a chance that your petition may not have been randomly selected
It would be best to consult your attorney about your options. For anyone in this situation, the following options would be worth considering after H1B Cap is reached:
- Go back to your home country. This is not the ideal answer of course. However, some people may not have other options.
- Go back to school and maintain F1 status. If you have obtained your Master’s degree, then you should still fall within the Master’s category for an H1b petition next year.
- It might be worth considering an H3 or J visa if the employer is still willing to sponsor for employment.
Tahmina Watson is an immigration attorney and founder of Watson Immigration Law in Seattle , Washington. Disclaimer: Please note that no client/attorney relationship has arisen and that the above content is not legal advice.