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questions about OPT to H-1, and current F-1 status

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Sapphirez82

Junior Member
This is my current situation. I've been in the US on an F-1 visa since Aug 2001. I completed my undergraduate degree in 2005 and then moved on to graduate school. I'm currently on an F-1 visa that expires in December 2008. I'm completing my thesis to finish my Master's degree, and I hope to graduate this December. I am also working on my OPT, and my OPT/EAD expires this December.
I'm considering starting a doctoral program in the fall of 2008. That's still some time away though, and I want to continue on my current job, maybe until next summer. Since my OPT expires this December, I'd need to apply for an H-1 visa to continue on this job. But I'm not sure if I can even do that if the H-1 cap has already been filled. I've heard that I would only be able to apply for an H-1 visa when they're offered again next year in Mar/Apr 2008. Is this true? I work at a nonprofit hospital and have been working here since May this year.
Supposing that I am able to transfer my F-1 status to an H-1 status in December, will this invalidate my pre-existing F-1 visa? If I do get into a doctoral program in Aug/Sep of 2008, and decide to leave my job and the US to go home in the summer, will I be able to re-enter the US in Aug 2008 with a new I-20 for the doctoral program and my CURRENT F-1 visa that expires in Dec 2008?
Any suggestions or advice would be greatly appreciated.
 


ImmigAttyLana

Senior Member
You can only apply for a H-1B if it is with an employer that is H-1B cap exempt. Just being a nonprofit does not mean that it is cap exempt. If you are approved for H-1B then you cannot be in F-1 status since you can only hold one nonimmigrant status at any given time.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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