My first H1B visa extension petition was denied twice due to my field of work is not related to my degree.
I am planning to go back to school and pursue Masters degree in my field of work. Can my employer re-apply for H1B after my masters or do I need to go through lottery?
This is my first extension, I have been on H1 for 3 years.
Appreciate your help. Thanks
If it was a cap subject petition and it got denied, you will be subject to the cap.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
I appreciate you asking me to respond to your question, however I do not practice in the area of immigration law.
Dawn M. Saenz is licensed to practice law in the State of California and the California Supreme Court, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation.
A person once counted in the H1B cap and on H1 for 3 years will not be subject to the cap following a change to F and earning a new degree to return to H1.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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