Can I transfer my status from F-1 to H1B?

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Can I transfer my status from F-1 to H1B?

I am currently a F-1 master student in computer science and looking for jobs to start when I finish school in 2 months. I am facing a situation that my school told me I am not able to graduate when I’m supposed to, but I’ve applied for some jobs stating that I am graduating the month after next. Also, I got my bachelor’s degree in computer science as well from a US university. Can I still apply for a H1B job in 2 months and if I do get a company sponsorship, am I able to transfer my status from F-1 to H1B? Basically, I am trying to put my master on hold and go to work first, then come back to finish it off. Are there any loopholes in doing so?

Asked on October 18, 2013 under Immigration Law, Texas

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The H-1B quota has been reached for this this fiscal year so unless you get a job with an employer that is H-1B quota/cap exempt, the earliest that a new H-1B visa petition could be submitted on your behalf would be April 1, 2014, with a start date of employment of no earlier than October 1, 2014, which is when the new fiscal year would begin and the new H-1B quota would open up.


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