Can a student visa holder be sponsored for H1-b visa?

Asked about 1 year ago - Agoura Hills, CA

My boss wants to sponser for an H1-b visa, i am on student visa as of now, can he sponser me?
thank you

Attorney answers (4)

  1. Ralf D. Wiedemann

    Contributor Level 18

    4

    Lawyers agree

    Answered . Yes, this is very common, though it depends on the type of job and the requirement for your degree for the job. For the current and the upcoming fiscal year, however, there are no new H-1B visa numbers remaining because the annual cap has been reached. An H-1B petition had to be filed in the first week of April. The next opportunity to file an H-1B petition will be on April 1, 2014, unless the employer is exempt from the cap (such as a university). Congress may change the law later this year to increase the annual cap on H-1Bs, so keep up-to-date on what Congress is doing in this regard.

  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . It depends on several important factors including the level of education of the student; availability of a position in specialty occupation; availability of visas for a given year and many others which cannot be assessed on your post which contains no facts

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Beata Anna Leja

    Contributor Level 10

    3

    Lawyers agree

    Answered . Technically, the short answer is yes, assuming you continue to maintain your lawful status in the US until the numbers become available again next year. But I agree with my colleagues that it is difficult to determine whether you're eligible for an H-1B because it will depend on your educational background, the requirements for the position, etc.

  4. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Yes. However, you should consult with an experienced Immigration Attorney.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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