Immigration Issues/F1 to H1-B

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Question
Good night,

This is a synopsis of my current situation:
-- I completed my Undergraduate studies in NYC last December (1 semester late)
-- I Started my Graduate studies in Jan 2010 in NYC (Same college).
-- I have a valid I-20 for the Master's program, but haven't returned home in 2 years, and my Student Visa has expired. (I was told, unless I plan on travelling, I did not need to renew it)
-- I have a job offer with a Restaurant to become their manager and would like for them to apply for my H1-B Visa.
--They have agreed, once I do all the necessary research.
-- Due to financial constraints, I honestly do not think I will be able to continue my Master's program this coming Fall.
-- Because I started my Master's right after my UG, I did not apply for OPT.

What is my next step? I have 2 months (for the summer), to either get sponsored an H.Q.-B Visa, Win the Mega millions to finish school, or return home.

What are my real options? and how much time do I really have?

Answer
Hi,

The restaurant can file H1B petition for you, but the effective start date on the H1B approval notice when issued by the USCIS will be October 01, 2010 due to visa cap issues.

You should maintain nonimmigrant visa status until H1B status takes effect. Thus, you should plan on enrolling as full-time student for the Fall semester, or else file application to change status to B2 (visitor visa status) and then have your employer file H1B petition. You are not required to be on OPT for an H1B petition to be filed.

You are not required to renew the F1 visa stamp in your passport, as an unexpired visa stamp is required only for entry to the U.S.

You have the option of calling our law firm at 212-268-3580 during business hours, or email info@h1b1.com for any additional guidance.

Immigration Issues

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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.

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