Immigration Issues/H1-B Cap Questions


I have a couple of questions:
1. I am applying for H1-B through my brother's company. With the cap already reached should I have him submit the documents now or wait until April 1?

2. Also, since it's my brother's company should I also submit the I-539, as I'm changing from F1 to H1-B thereby extending my stay and changing my status?

1.  To apply for H1b you are only eligible to apply for approval six months in advance of the start date.  Thus, you have to wait until April 1 to file.  My office has started to already prepare documents for our clients so everything will be in order to file the earliest possible.
2.  In your case filing an I539 is not proper and used for other change of status cases.  To change from f to h you need to file the form I129.
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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