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F1 student to obtain a H1B visa

Bryan, TX |

Hey, I am currently a F-1 master student in computer science, and looking for jobs in Dec 2013. I am facing a situation that my school told me I am not able to graduate in the Dec 2013, but I've applied for some jobs, stating that I am graduating this Dec 2013. Also, I got my bachelor degree in computer science as well from a U.S university. Therefore, my question is that If I can still apply for a H1B job for this Dec 2013 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? Thank you very much

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Attorney answers 2


If you have a U.S. bachelors degree (or the foreign equivalent) you qualify for an H-1B visa provided that you will be working in a field that requires a degree and the degree required is related to the type of degree that you have. If you do not have your master's by April 1, 2014, you will not get two chances at the H-1 lottery since there is a separate lottery for U.S. Master's degree holders.

Also, be careful with any potential employers that you are not misrepresenting yourself as someone with a Master's degree if you will not actually have one by December 2013. If a company finds out, they could terminate you and the H-1 would be automatically revoked so disclose the information up front.

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You should speak with a lawyer in depth. However, it does not sound like there should be problems. If you switch to the H, you would have to enter and exit to have your passport stamped, but as long as you are in valid F status, you can make the H application in the US.

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