You are here:

Immigration Issues/H1B petition cap exempt premium processing

Advertisement


Question
Hi Ajay,

My question to you is that, if my employer is a non-profit organization such as a hospital applying for my H1-B visa and that does not go in the cap, and I get a premium processing done, when can I start working for them? Also I am still working on my Masters form a university in the US, but have a bachelor's degree from India. Will that affect my application?

Thanks,
Deeksha Kwatra

Answer
Hi,

If a credentials evaluator determines that you have already completed the equivalent of a four-year U.S. bachelor's degree, then the H1B petition can be filed anytime since you are being sponsored by a cap-exempt organization.

You can start working for this H1B employer as soon as the petition has been approved. Indeed, if the petition requests change of status and it is approved, then you are no longer in student status and must work for the H1B employer in order to maintain valid nonimmigrant visa status in the U.S. If the H1B petition is filed through premium processing, you may receive approval within 15 days of filing.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.