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TRANSFER FROM F1 VISA TO H1B VISA WITHOUT OPT

Los Angeles, CA |

Hello,
I got a Bachelor's and started my OPT in November 2012; expires at the end of October 2013.
My current company doesn't seem like a good fit to sponsor my H1B (because the college courses I took don't quite fit what I do at work now, small size of company etc.).

I am thinking of getting a Marketing Certificate (1-year program, max 2-year F-1 status available). From my understanding, I can't get another OPT or CPT after the certificate because I already have Bachelor's.

1. Can I apply for H1B while enrolled in my certificate program?

2. Can I not work for the sponsor company until October 1st (assuming it's approved)? For example, I file for H1B in April, graduate in June, then my company has to wait until October to actually have me start working for them?

Thank you in advance!

Attorney Answers 2


  1. You do not have to be on OPT for your employer to file an H-1B petition for you. You must maintain status to change status. You cannot work for a company not authorized under you OPT and then file and change status.


  2. The earliest that an H-1B can be filed in April 1, 2014. The earliest that you can be on H-1B is October 1, 2014.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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