URGENT F1 to H1b query

[fluid2finance2]

I have been in the USA since 2003

Initially came on F1 and completed a MS in engineering. (2003-dec2005)
on OPT from Nov 2005 to oct 2006 (Started working for a firm full time in Jan 2006 on OPT)

H1b approved and on H1b since oct 2006 onwards till July 2009 when I again went to F1 as I pursued a full time MBA
(So even though I was on my 2nd h1b, still 2 yrs or more left on my H1b visa)

after graduating from MBA (finance) in May 2011, i was not eligible for OPT as this is given only once per Degree Level and I already had one masters before

Since I was still looking for a job, enrolled in another Masters degree (this time MS in Finance) to maintain my VISA status active as continued F1

Now, I have recently found a company willing to give me a job...they are willing to sponsor me.
If the company wishes to transfer my F1 back to my H1b. Is it possible now?

SInce this job I got is not from campus, I am not obligated to finish the 3rd masters and frankly dont have money or energy to do it also....(the company does not care about my present masters and dont care if I stop it in between, they want me to start working as soon as possible)

(1) can I transfer my F1 to H1b without any issue as the other company is hiring me based on my MBA (different university than present one)?

(2) Would it be a simple transfer for me or will it have to fall in the CAP of H1b again?

(3) Usually I know that in a H1b transfer to a new company, a person can technically start working even before approval, after the transfer filing receipt is received. However, when I transfer from F1 to H1b, do I have to wait for approval before starting to work?

Kindly reply URGENTLY if possible...great many thanks!!

[shervin143]

(1) can I transfer my F1 to H1b without any issue as the other company is hiring me based on my MBA (different university than present one)?
>>> Yes. Give the new employer a copy of your previous H1B approval notice.

(2) Would it be a simple transfer for me or will it have to fall in the CAP of H1b again?
>>> You can use the CAP from the previous H1B petition. You will get only the remaining period (2 years). For extension beyond the 6th year GC should be filed 365 days prior to the 6th year end.

(3) Usually I know that in a H1b transfer to a new company, a person can technically start working even before approval, after the transfer filing receipt is received. However, when I transfer from F1 to H1b, do I have to wait for approval before starting to work?
>>> You cannot work until the H1B petition gets approved. Premium process will get you the result within 15 days.

[fluid2finance2]

Dear Sherwin143,

Thanks a lot for the reply.

Just to clarify a little more as I have to talk to this company on Monday...

They have to file for my H1b visa (do not have to worry about any cap)

and so they file for a COS? (change of status?) and should file for a premium transfer which gets approved in 15 days?

also might be a foolish question...but my F1 (of my current masters) which I will leave in between...does USCIS have any issue with that? i mean since I am not finishing that degree and actually getting this job due to my previous MBA degree (2009 to may 2011)?

so my last h1b approval was in 2009 and my change of status from h1b to F1 (for MBA) was approved on sep 9 2009...since 2009 I have been on F1 (first for univ X for MBA then university Y(present one) for another MS)

since my case is a little complicated...i am clarifying a little

thanks a lot for your attention and response

[shervin143]

They have to file for my H1b visa (do not have to worry about any cap)
>>> You are already CAP counted since you have applied for H1B is the past and have not utilized all 6 years in that CAP. The remaining period can be recaptured.

and so they file for a COS? (change of status?) and should file for a premium transfer which gets approved in 15 days?
>>> You will get a decision in 15 days. It can be approval, rejection or a 221g for more doucments.

also might be a foolish question...but my F1 (of my current masters) which I will leave in between...does USCIS have any issue with that? i mean since I am not finishing that degree and actually getting this job due to my previous MBA degree (2009 to may 2011)?
>>> It is not an issue since you are applying the H1B using your previous MBA.

so my last h1b approval was in 2009 and my change of status from h1b to F1 (for MBA) was approved on sep 9 2009...since 2009 I have been on F1 (first for univ X for MBA then university Y(present one) for another MS)

since my case is a little complicated...i am clarifying a little
>>> There is nothing complicated in your case.

[fluid2finance2]

Dear Sherwin143

you have been very helpful

I greatly appreciate your help into this matter

As a last follow up question, can you shed some light as to some possible reasons for a 221(g) or rejection?

If given that my previous H1b had no problem and my MBA is from a top 15 univ in USA and the present company is willing to sponsor, what can be something that goes wrong?

the only reason I am asking is that in that case I can be prepared better while applying to make sure that probability of things going well is higher!

Also if for some reason, god forbid, things go bad, the present F1 at least remains valid right?

Thanks a lot for your time again!

Best Regards,