Immigration Issues/F1-H1B Issues


Hi Mark,
I am currently on OPT and work for a university. They want to get H1-B for me. The position is not a faculty position. I have a master's degree from the same university and since I am going to work there I am cap exempt. My problem is with the dates. You know the  maximum H1B visa duration is 3 years initially. But the university, claiming its policy, wants to hire me for a single year(they state that they have the right to renew my contract annually.) In this manner, do they have to extend my visa every single year? And when I go to my country will I only be granted 1 year of visa?

Some universities have their own way of doing things.  Of course it is preferable for you to get a three year H1b and it would be cheaper for them as well. If your position is funded only for one year some universities feel justified to only get an H for employees for one year.  If this is their policy, there is not a way to force them to do things differently.  

Usually you will get a visa based upon the duration of the H employment.  When you receive a new H and if you want to get your visa stamped you do not have to return to your home country but could get it stamped in either Mexico or Canada.

Depending on your qualifications you may be eligible for filing an NIW petition.  I would be happy to review your credentials to give advice on the feasibility of your success with this application.  Send me a copy of your resume with a list of honors, publications and presentations and I can give you an idea if you qualify.  If the NIW is approved you would be well on your way to getting a green card.  You may email me at:

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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