Legal Question in Immigration Law in New York

I am currently an MBA student. I should be graduating in the Spring of 2010. I am also working at the school where I am attending classes and my boss says he will apply for my H1B. The college is a non-profit organization and a higher education institution at the same time. As far as I know H1B quotas do not apply in these cases. My questions are:

Can my boss apply for H1B even though I haven't still graduated, or do I have to wait until I graduate and get OPT status before i apply for H1B?

To summarize, I am still in school and working part time (CPT). I will graduate next Spring (2010). However, I want to apply for H1B now, before I finish school, and start working full time.

Is that possible?

How will that affect my F1?

Tahanks.


Asked on 7/23/09, 10:19 am

1 Answer from Attorneys
Douglas Lightman Lightman Law Firm LLC

If the position you are seeking to fill at the university is that of a specialty occupation and you meet the requirements of the position (taking into account the definition of a specialty occupation), then your employer can file a petition on your behalf for the position before you receive your MBA. You would file a change of status to H-1B, thereby changing your status from F-1 to H-1B without leaving the U.S. An individual in the H-1B status may attend school so you could potentially be in the H-1B status and still be enrolled in school. However, you need to make sure that if you are attending school you are also maintaining the terms of your H-1B status as stated in your H-1B application.

Please feel free to contact me with any other questions on the matter.

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Answered on 7/28/09, 10:45 am


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