Immigration Issues/H1B1 visa

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Question
Hello, I am a Singaporean currently on F1-OPT STEM visa which expires on Jan 31, 2014. I intend to continue working for my current company after Jan 31, 2014, and it seems that the earliest date of application for conversion of visa from F1 to H1B1 is July 31, 2013 (6 months before expiry date of my F1 visa). I have some questions as follow:

1. Will my application be affected, if the H1B-cap for fiscal year 2014 is reached before July 31?

2. Is it advisable to apply for conversion to H1B1 visa in July instead of April 1, assuming that the annual quota of 5400 visas for Singaporean nationals is not likely to be reached by July 31?

3. Will a history of having being issued a H1B1 visa before jeopardize the success of applying for permanent residency in future (even if one were to hold a H1B visa at the time of application for permanent residency)?

Answer
1. You may not be able to apply if cap is reached; will have to wait until next fiscal year.  However, you may apply earlier for job to be started after 6 months.  There must be a wait period of 6 months from application and start of job.
2. You may do so.
3. No.

Best wishes,  

Immigration Issues

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AJAY SINGH

Expertise

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.

Experience

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

Organizations
Member - AILA. Bar Council of India.

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

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