In F1 want to migrate to H1 before graduation. Can I apply prior graduation?

[venkatramansri]

Hai,

I got a job offer that can sponsor me a H1 as soon as possible and I have a query that if I can migrate to H1 from already running F1 status before I graduate the next year,2016.


Can I apply for H1 visa prior to my graduation and then produce the related documents required later?

[shervin143]

If you are planning to apply for H1B based on what you are currently studying, then you cannot apply for H1B before your graduate. You will need to provide those certificates when you file your new H1B on April 1st. But if your H1B will be filed based on your previous qualification (if that is equivalent to proving specialty occupation), then you can do that.

[venkatramansri]

If you are planning to apply for H1B based on what you are currently studying, then you cannot apply for H1B before your graduate. You will need to provide those certificates when you file your new H1B on April 1st. But if your H1B will be filed based on your previous qualification (if that is equivalent to proving specialty occupation), then you can do that.

Okay sounds good.
I am mastering in telecommunications but going to work in an IT firm.

Will I get any complications when I make an international travel and come back to the United States while running on a H1?

[shervin143]

That depends on how your H1B is filed. If it is filed as a COS from F1, then you are not supposed to travel when the petition is pending. If you travel out, then the COS will get denied. If the H1B is filed for consular process, then you can travel. However, if the H1B is filed for consular process, you cannot work for the employer until you get the visa stamped and return back in H1B visa.

Okay sounds good.
I am mastering in telecommunications but going to work in an IT firm.

Will I get any complications when I make an international travel and come back to the United States while running on a H1?