Legal Question in Immigration Law in California

Re: Need info for H1B visa for law students

Once you complete your Master's degree, you will be eligible for an OPT - basically a work permit allowing you to work for one year extendable to 2 years and 9 months if an H1B is filed for you next year and the company that filed meet all the requirements. Note that the one year, will be granted once you apply from the school - no need to have H1B filed. The extension will require a pending H1B. Remember to ask the school to apply for it at least 90 days before you complete your course. As for H1B, if you have a master in the US, you will be under the Master's quota of 20000. This give you a better chance of being selected than the regular quota. You can read more about H1Bs on our website peerallylaw.com.

Good Luck.

Shah Peerally

Shah Peerally Law Group

Note that the answer above is provided for informational purpose only. You should not act or refrain to act unless you consult with an attorney.

Re: Need info for H1B visa for law students

Pinky,

My beloved dog's name was Pinky, a feisty Jack Russell, so I'm partial to Pinkys. I hope you don't mind the reference; your name brings pleasant memories.

Whether you can work in H-1B status depends on whether you have an employer willing to petition for you and if there is a cap, whether you will be subject to it. U.S. master and higher degree educated aliens are subject to a higher cap than bachelor degreed aliens, but there is a cap for higher degreed aliens. This holds true unless the employer is cap exempt (certain non-profits and government research organizations, and institutions of higher learning). So there are more numbers available, unlimited, for cap exempt employers. The fees can be cheaper for cap exempt employers too.

You might also be able to qualify for a J-1, H-3 or possibly other employment based nonimmigrant status, and then a green card. But since this is so far off into the future, after you're done with your studies, then the advice most likely will change between now and when you graduate.

You can attend law school as an H-4 as long as you remain married to a valid H-1 holder. If it is your parent who holds the H-1, you can stay in that status until age 21. I presume that you're older than 21 and married to an H-1. You could also qualify for an F-1 status possibly, though not likely to get if the principal alien, the H-1 has applied for a labor certification; an immigrant petition has been filed on his behalf; or the green card is in the last stage in the U.S. or abroad.

As you can see, the answer is quite broad. For more specific information that would be easier to convey, it is best to write to me offline at [email protected]

Best regards,