Work Visa after MBA with no OPT and 2.3 years of H1B left

May 6, 2018 14 Comments

I’m planning to join full time MBA on F1 visa, by stepping out of current H1B visa. By the time I switch to F1, I will have used 3.7 years of H1B years. I won’t be done with i140 by then.

Assuming that I am very employable post-MBA, will an employer be comfortable in sponsoring (cap-exempt) H1B for me given that I only have 2.3 years of H1B left by which the i140 application has to be started and approved? Or is 2.3 years too less?

Note: I don’t have any OPT left as I have already done one Masters degree

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TOP 14 Comments
  • Airbnb pLBg76
    I don’t think you will be cap exempt after you switch status to F1. I was in a similar boat considering a MBA. On speaking to an immigration lawyer, I was told that you will have to go through the lottery again. The only way you can avoid the lottery is if you have your i140 approved. In that case you will be eligible for the extensions.
    May 7, 2018 6
    • OP
      Not true. I have already availed cap exempt application in the past. I had moved back to India, out of H1B for a year.
      You can avail cap exempt anytime if you were on H1B in last 6 years. Information is clearly available on USCIS website
      May 7, 2018
    • Airbnb pLBg76
      Thanks. This is super helpful. Could you share the link with me?
      May 7, 2018
    • OP
      Google it man
      May 7, 2018
    • OP
      I mean I already spoon-fed you basic immigration advice which is one google search away
      May 7, 2018
    • Google Teelow
      You don't need to go through the lottery again. I did my MBA and was able to continue off the old H1B. Given your situation your post-MBA needs to start your GC asap, preferably way before you join FT (aka get that return offer from your internship!!!)
      Jun 8, 2018
    • Google Teelow
      1.5 yrs unused FYI
      Jun 8, 2018
  • New / Ops
    mulls

    New Ops

    PRE
    Amazon
    mullsmore
    Amazon did that for B-School classmate of mine. I think most companies will prefer this against fresh application as they don't have to worry about lottery.
    May 8, 2018 2
    • OP
      Do you know how many years of H1B your classmate had unused?
      May 8, 2018
    • New / Ops
      mulls

      New Ops

      PRE
      Amazon
      mullsmore
      I think about 2.
      May 8, 2018
  • Prosper zoox
    @OP - Not sure of your overall years of experience but have you considered exec-mba or a weekend MBA Vs Full time ? . Keeping aside the aspect of stretch & stress managing both things , it might be a recommended approach in the current political scenario where immigration rules are getting scrutinized & changed. My take !!
    May 7, 2018 1
    • OP
      I have definitely considered it. There are pros and cons of both. I’m oscillating between the two options.

      I would like to do a hard career pivot so full time MBA is better suited. Also, when putting in that much money, I feel it’s better invested in the full time experience. I am willing to slightly risk my work visa status in America. If it doesn’t work out, I will move to another developed country.
      May 7, 2018

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