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Immigration Issues/F1 to H1B 2008 or 2009 ?


Hi everybody,

I am currently on CPT and will be Graduating in May-2008.
My CPT expires on May 17 2008 and will be starting with my OPT from May 18 2008 until May 19 2009. My questions:

1)Can I apply for H1B visa in April-2008(even though I will be graduating in May, is there any way like to get provisional certificate from University and apply for April-2008 under Masters cap)

2)Should I wait and apply for H1B in April 2009.(If i choose this option will I be out of status because my OPT will expire in May 2009?)

Thanks in advance :)

1.  You could as long as you have completed all the requirments towards your degree and you have a letter from the registrar confirming this you would be eligible to file for this years quota in April.
2.  Yes, under the current system, you would be out of status from May 2009 until October 2009.  NOTE:  I am basing this response on the immigration laws currently in place, I cannot speak for how they will appear next year.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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