Immigration Issues/F2 to H1B


I am in the US. I did MS from US in 2009. Currently I am on F2 and found a company (which is not a non profit and is not cap exempt) who is ready to sponsor my H1B visa but unfortunately the cap for FY 2012 got over last yr itself and now the cap for FY 2013 is open so if the company applies for my H1B visa even now then still I can start working only on or after October 1, 2012? Is that basically I should be able to convince the company to wait for me till october 2012 but apply for my visa right now...Is there any other way to go about this? Please suggest

You may file H1B not prior to 6 months of starting the job - so filing in April would mean starting job in October - and currently the cap is still open and you may file H1B for work in October 2012; unfortunately, there is no other way around it at this moment.

Best wishes,  

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

Member - AILA. Bar Council of India.

LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

©2016 All rights reserved.