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H1B visa - F1- H1B Visa. For the second time H1b visa application, am I exempt from the visa cap?

Cambridge, MA |

After I graduated from my first master program, I worked in the US first using OPT then under H1B visa for 2 years. Then I resigned from the job to attend an MBA program. I know I will not have OPT after graduating from MBA program, but can I be exempt from the H1B visa cap and do not need to go through the lottery process, given the fact that I used to have the H1b? In other words, can I work immediately after my employer's filing my H1b petition? I will graduate in August 2014, if I find a job right after graduation, can I work immediately without waiting for my visa approval, given the fact that I do not have the opt bridging the gap. Thanks for any answers.

My first day of H1B is in Jan 2011. I changed my status from H1b to F1 at August 2013 for my second master degree study, and will graduate from the second master degree in August 2014. Do I need to apply a fresh h1 (under the quota limit) or can I utilize the previous H1 started from Jan 2011?

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Attorney answers 2


To start with, you left off the dates of your H ... making is nearly impossible to see if 6 years have passed since your first day on an H.

Second, NO ... no one can start 'immediately' after filing an H-1B petition. Even with premium processing it will take 15 days.

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My first day of H1B is in Jan 2011. If count 6 years, that is jan 2017. Does that mean even I changed my status to F1 in-between, I can still use this 6 years when I graduate in August 2014, without subjecting to the H1B cap? Thanks Capriotti.



My first day of H1B is in Jan 2011. I changed my status from H1b to F1 at August 2013, and will graduate in August 2014. Do I need to wait until april 2015 to file my H1B?

F. J. Capriotti III

F. J. Capriotti III


Perhaps it can even go beyond January 2017. Talk to the new company's lawyer.


You will not be subject to the visa cap when an employer files its H1B petition.

However, you must wait for the H1B petition to be approved before you commence employment. The exception would be if you were currently in H1B status and an extension of H1B status was filed either by the same employer or another employer.

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