Legal Question in Immigration Law in Maryland

I am currently on an F-1 visa and I have a cap exempt company considering offering me a position during my 60 day grace period after OPT. The company offered me employment contingent on my returning to F-1 status. I therefore enrolled in a community college and got a new I-20. However the employer seems to think USCIS will require me to have at least one semester of schooling on my new student visa when filing for the h1b visa. I have never heard of this before. Have you ever come across this requirement? Is there any way around it? Please keep in mind that I already have a bachelor in the field I will be working in.

Asked on 8/14/14, 7:43 am

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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This is a confusing situation, in that H-1B employment is usually for more than just 60 days. I also have never heard of an H-1B employer making the H-1B employment contingent upon returning to F-1 status. It just sounds bizarre & I would be skeptical if this company came to me for representation.

Also, many companies that claim to be cap-exempt are not, as USCIS has really cracked down on these types of cases.

Answered on 8/14/14, 3:20 pm

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