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Can I do a COS from F1 to H1b anytime during the year or do I have to wait till April 1st 2014. I had h1b [capped] in the past.

Renton, WA |

I came to the US on H1b visa[cap-counted] in 2009 and worked for an year on h1b before doing COS to F1 in december 2010. I finished school in december 2012 and right now I'm working on OPT.
Now my new employer wants to sponsor my H1b visa. I wanted to know if I can do a COS from F1 to H1b anytime during the year and start working on H1b when the petition gets approved or do I have to wait till April 2014 to apply for H1b.

Attorney Answers 5


  1. Best answer

    You are cap exempt and need not be counted again, so technically, you can change to H-1B at any time. Having said that, however, you need to make sure that you and the position qualify for H-1B status, so consult with an immigration attorney to prepare the H-1B petition.


  2. You are CAP except.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; 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.


  3. You sound like you value your presence in the United States by describing all actions on your COS. To complete this process legally competently you need a good attorney not an assemblage of random legal counsels from all over the nation who never seen one legal document from your case.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  4. I agree with my colleagues.

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


  5. I agree with my colleagues. If the employer doesn't have an attorney assisting them on this, it might be a good idea.

    This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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