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Immigration Issues/H1B---> US MBA--->H1B (without OPT)?


Dear Sir,

Thanks for taking my question.

I am originally from India. I am currently on H1B (I got my H1B on my Masters degree in the US). I also used my OPT initially during the first few months of my job.

I plan to do a 2 year full-time MBA in the US, next yr (Aug 2009). I would have used up 3 yrs of my H1B by then.

I understand that I won't be eligible for another 12 months of OPT for my MBA, since I already used my OPT for my MS degree (it seems that MBA=MS, as far as OPT is concerned). Please advice whether this is correct.

But my question is, when I finish my MBA, and if I am able to get a job, do I need to be considered as part of H1B quota (for fiscal 2012). Since I only used 3 yrs of my H1B, will I still have access to my 3 yrs left on my curent H1B.

If I do, what will the company need to do to 'reactivate' my H1B? Will the H1B have to start on October 1st of that fiscal yr, or can it start on ANY day, as long as the a US company hires me?

Sorry for the long question, but I appreciate your input.


When you re-apply for your H-1B visa in 2012, I am not sure what the laws will be then. I am positive there will be substantial changes to the H-1B program. However, to answer your question based on the current rules, you will not be subject to the quota. You will be eligible for the additional three years.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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