QUESTION
Is H4 to F1 COS possible, before finishing the Certificate program ?
Asked on Oct 07th, 2013 on Immigration - Washington
More details to this question:
I have a Bachelor's degree (4 years Full time) and a Masters degree (2 years full time). Based on credential evaluation report from Foundation of International Services (FIS), my degrees are equivalent to accredited university in US. I am currently in US on H4 visa, and I am planning to go for a Certificate program (50 credits,12 months around) from Jan 2014 or in April 2014 . And I intend to change my visa status to F1 ( To be eligible for OPT). If in April 2014 while I am on F1, if some company files my H1B, Is it allowed? Can I go on H1B status before completing my Certificate prog.? Is their any rule that I can only go only on OPT after my F1, and than I can go on H1B status ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is nothing in law that states that an F-1 student must complete a certificate program before the individual can be sponsored for H-1B if the individual is otherwise qualified, which it appears that you might be as you already have a bachelors degree along with a Masters. Since you would be on F-1 status, you would have to maintain your schooling until October 1, 2014, if a cap subject organization sponsored you and you were selected for and approved for H-1B status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 13th, 2013 at 9:00 AM