H1 to F1 to H1B

[helpmeplzz 0]

Dear Sir/Mam,

I was in post Bachelor's degree F1/OPT status till October 2010.

My H1B started in October 2010.

I did change of status from H1B to F1 in May 2011.

I am currently in post Master's degree F1/OPT status as my OPT started in October 2012 and is valid till October 2013.

I want to go to H1B status now.

1. Can I file H1B right now? I mean in February 2013? Do I need to wait for the quota in April 2013?

2. Since I have already crossed 1 year 9 months since Change of Status from H1B to F1, don't I need to get into the lottery system in April 2013?

Sincerely,

Leo

[Darnell 8,479]

Why not go home after OPT is over? You have a master degree plus training in your field - is best to go home and get the big job, aye?

[TimeTravel 78]

1. Can I file H1B right now? I mean in February 2013? Do I need to wait for the quota in April 2013?

2. Since I have already crossed 1 year 9 months since Change of Status from H1B to F1, don't I need to get into the lottery system in April 2013?

Yes, you would have to wait for the quote in April 2013. But how can you file for H1b? I understand, Only the employer can sponsor you for H1b.

[KashEsq 0]

You stated that you had an H-1B in October 2010. As you have already been through the process, then you know that you need an employer to sponsor you for a new H-1B visa.

Unless you qualify for a CAP exemption (you work for an institution of higher education or for an organization that is affiliated with an institution of higher education, a nonprofit research organization, etc.), then you will have to wait until April to file your H-1B. If your current employer is willing to sponsor you, I would highly suggest getting in touch with an immigration attorney and getting the process started so that you don't submit too late.