2nd Master's (MBA) after 5 years on H1 visa

[vikas189]

Hello everyone,

I have some concerns about doing a full time MBA after having MS from US university. During my research I already found that I would not be eligible for OPT as I have already used mine. But my concern is with H1B. By the time I would go to school for MBA I would have used 5 years of my H1B. After MBA if I get a job and employer is ready to sponsor my H1 B, do i need to wait till Oct to start working or I can start working right away from college considering I would not have OPT.

[raghvi]

Hello everyone,

I have some concerns about doing a full time MBA after having MS from US university. During my research I already found that I would not be eligible for OPT as I have already used mine. But my concern is with H1B. By the time I would go to school for MBA I would have used 5 years of my H1B. After MBA if I get a job and employer is ready to sponsor my H1 B, do i need to wait till Oct to start working or I can start working right away from college considering I would not have OPT.

Some dates as to when H1 was applied, when you started working on H1, when you moved from F1 to H1 and when would you move from H1 to F1 ....would have put more perspective on your question.

But the general rule is that if there is time remaining on your H1, that is, you have not exhausted 6 Years in US on H1, and you were on H1 in recent 6 Years then you can reclaim the remaining period, 6 Minus time already spent on H1 status. And you don't have to wait till Oct, the employer can file immediate start date.

Also you might want to give a though to; what after 6 Years?

In order for one to extend H1 beyond 6th Year, ones employer should have applied PERM more than 365 days before 6th Year completion , that is, before 5th Year H1 completion.

This is my opinion not legal advice.