Immigration Issues/H1B and MBA


I had 2 quick questions:

1. I recieved my masters degree from a US university and have been on the H1B for the last 3 years. My employer is filing for another 3 year extension to the H1B. If I do go to MBA school in the US, I am planning to do so in 2010 (I would be in year 5 of my H1B). When I graduate MBA school, will I have to go thru the H1B lottery again? or will the fact that I already have an H1B visa count me out of the lottery process?

2. If I do marry a US Citizen prior to MBA school, what is the best process to get to naturalization as quick as possible? When I marry her, I would be on H1B, would I then have to switch to F1 for MBA school while the naturalization (due to marriage) is being processed?

Please let me know if I can provide any additional information.

Thanks again for your help, this is a great service.


1) You will be exempt from the H-1B quota as you have already been counted.

2) First you need to obtain your permanent residency before becoming a naturalized citizen. On marriage to the US citizen you are eligible to file for your Adjustment of Status. You do not need to switch to F-1 after filing for your adjustment of status, in fact you are not eligible to do so.

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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