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H1B visa related questions.

Rockville, MD |

Thank you for taking my questions. I have a few questions related to H1B visa:

1. When is the last day to file for H1B status if I am currently in the US.

2. I am currently holding a G4 visa. Once I file for H1B visa and get approved, does it mean my current visa gets automatically canceled? Please explain the process.

3. If the job requires Bachelors degree and I have Masters, can I still qualify for the Master's cap?

Thank you!

Attorney Answers 3

Posted

All very good questions.

1. There is no way to accurately predict the last day to file for an H1B visa. All we can do is track usage which is reported by the USCIS weekly. The report indicates how many petitions have been filed that will be counted against the cap. As of 6/18/10, there were approximately 43,000 visas still available in the regular cap and another 10,000 visas available under the masters cap. Usage has been low because of the weak economy. This was true last year too. In the several years before, the cap was exhausted in the first week of availability starting in April.

2. No. Your G4 does not automatically get cancelled. You have a choice. If you want to "change status" without leaving the US, you are correct, your G4 must be terminated and the State Department must endorse the change. The alternative for my G4 clients to eliminate the lapse in employment authorization is to request the H1B notification be made to your home consulate. This eliminates the need for termination of your G4 and the State Dept. endorsement. The downside is that you'll have to leave the US and "pick up" your visa.

3. The master's cap is beneficiary specific and not job specific. It applies to beneficiaries who completed their masters degree in a US university. Thus, even if your job requires a BS, you can still benefit from the master's cap.

Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

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Posted

All very good questions.

1. There is no way to accurately predict the last day to file for an H1B visa. All we can do is track usage which is reported by the USCIS weekly. The report indicates how many petitions have been filed that will be counted against the cap. As of 6/18/10, there were approximately 43,000 visas still available in the regular cap and another 10,000 visas available under the masters cap. Usage has been low because of the weak economy. This was true last year too. In the several years before, the cap was exhausted in the first week of availability starting in April.

2. No. Your G4 does not automatically get cancelled. You have a choice. If you want to "change status" without leaving the US, you are correct, your G4 must be terminated and the State Department must endorse the change. The alternative for my G4 clients to eliminate the lapse in employment authorization is to request the H1B notification be made to your home consulate. This eliminates the need for termination of your G4 and the State Dept. endorsement. The downside is that you'll have to leave the US and "pick up" your visa.

3. The master's cap is beneficiary specific and not job specific. It applies to beneficiaries who completed their masters degree in a US university. Thus, even if your job requires a BS, you can still benefit from the master's cap.

Feel free to take advantage of our Free 30 Minute Consultation to get the reliable advice you require. You can schedule your appointment by clicking on the BOOK NOW button on our website: www.glinlaw.com and choose Option 1. The link below will also take you to the appointment scheduling system. We would be happy to work with you so that you can make an informed decision on how to proceed.

If you like this thoughtful answer, give it a thumbs up!

Mark as helpful

Posted

You can file at anytime until the cap is reached, you can follow the numbers on the uscis.gov website.
No it does not automatically cancel.
It would be advisable to contact an immigration lawyer for a discussion at least to resolve all your concerns.
You are welcome to use the link provided below.
Goodluck.

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