Masters Cap "20000" Quota validity ??

[sharadchandra1385]

I graduate in Dec 2017. Mine is an MBA degree so i have an OPT which is valid for only 1 year. I want to know up to what time will the 20000 masters cap be utilized by me for an H1B filing from my employer ? Is there a limit for the utilization of 20000 masters cap ?

For eg: i know i am eligible for the masters cap quota in 2018 April H1B filing. But will i be eligible for the 2019 H1B filing in the masters quota ?and how about after that?

How long do i continue to qualify for this masters quota ? is there any rule that i should be aware of ?

[sharadchandra1385]

Response requested - IMPORTANT

I graduate in Dec 2017. Mine is an MBA degree so i have an OPT which is valid for only 1 year. I want to know up to what time will the 20000 masters cap be utilized by me for an H1B filing from my employer ? Is there a limit for the utilization of 20000 masters cap ?

For eg: i know i am eligible for the masters cap quota in 2018 April H1B filing. But will i be eligible for the 2019 H1B filing in the masters quota ?and how about after that?

How long do i continue to qualify for this masters quota ? is there any rule that i should be aware of ?

Can some one, who may know the answer for sure, help me understand please ?

[scientist2016]

Masters quota is for people who did their grad school work in the US. It does not put any restriction that they should be fresh out of school.

[sharadchandra1385]

Masters quota is for people who did their grad school work in the US. It does not put any restriction that they should be fresh out of school.

thanks for responding.

But i am talking about applying H1B after my OPT expiry date and within the grace period tenure of 60 days. Is this possible ? Because technically i would not be on any valid status after my OPT expiry. I would be on my OPT grace period.

Kindly confirm.

[scientist2016]

thanks for responding.

But i am talking about applying H1B after my OPT expiry date and within the grace period tenure of 60 days. Is this possible ? Because technically i would not be on any valid status after my OPT expiry. I would be on my OPT grace period.

Kindly confirm.

In order to file for H1B, you need not be even in the US. So your status does not matter. It only matters if you are filing for COS. If you do not have a valid status, your COS would be rejected, and you will have to go the consular route. So to answer your question: If your H1 does not get picked in the lottery prior to your OPT expiry, you can leave the US, get an employer to apply for H1B again and return when you get a H1. Or else, you can change to a different status (say F1 again) and try for H1 subsequently.

[sharadchandra1385]

In order to file for H1B, you need not be even in the US. So your status does not matter. It only matters if you are filing for COS. If you do not have a valid status, your COS would be rejected, and you will have to go the consular route. So to answer your question: If your H1 does not get picked in the lottery prior to your OPT expiry, you can leave the US, get an employer to apply for H1B again and return when you get a H1. Or else, you can change to a different status (say F1 again) and try for H1 subsequently.

thank you!