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

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

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Attorney answers 4


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.


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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.


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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