Ask me anything! About h1b & h1b cap | insights from Sonal Sharma!

Topic: Ask Me Anything: H1B & H1B Cap Insights with Our Immigration Attorney

👩‍⚖️ GUEST: Sonal Sharma, Esq.
👩‍💼 HOST: Rajni Bharara

Q1. Having completed a MBA in the USA and being on F-1 OPT and also considering the situation of the H-1B Lottery next year, what alternative options can be explored? Additionally, what are the potential consequences of pursuing another Master’s degree at a Day 1 CPT university?

Q2. Can moving from F-1 CPT to H-4 EAD once a spouse’s I-140 is approved? When should an applicant do this so as to continue their studies and working full-time. Since they won’t be able to work on H-4 till the EAD is processed?

Q3. Being currently on a cap-exempt H-1B visa and your wife is on an H-4 visa. If another company is filing a new H-1B concurrent cap-subject petition for you, do they also need to file an I-539 form for your wife? Could you explain the process and any requirements involved?

Q4. ​​Hi, I get picked up in h1b lottery. I am on B2 status i94 valid till July end. I want to apply for Change of status. How can I do that? Will my change of status application allow me to remain in US?

Q5. My spouse is changing to F1 visa from B2 ,stay in i94 is July end . Can she stay in US if she apply change of status to F1 before i94 expiry? Will receipt work to stay in US till decision
Can my spouse and children accompany me on an H-1B cap-exempt visa, and what visas will they need?

​​I’m curious about your thoughts on the educational backgrounds that tend to secure H-1B visas. Have you noticed any particular fields of study that stand out in the current visa application trends?

My spouse was on H4 visa. We applied for Change of status within USA from H4 to F1 student and then he started his studies. After completing his first semester, he went to India to get F1 visa stamp but unfortunately it was rejected stating 214(b) 1) Can he re-enter USA on her H4 visa. (the stamp is still valid)?

I am currently in the US on an L-1B visa, working as an IT consultant, and the employer wants to sponsor for an H1B visa. However, I have a pending I-140 petition under the EB-2 category from a previous employer. How do we navigate this situation to ensure a successful H1B visa application, and what are the potential risks and implications of this pending petition that we need to consider?

In your experience, how have regulatory shifts and economic changes influenced the process of securing H-1B visas for professionals in the healthcare industry compared to those in the tech sector?

Can I transition from a cap-exempt employer to a cap-subject employer, and if so, how does that process work?

Due to cost cuttings, my employer is filing my H1B as a part time employee (20 hours). I am currently on OPT. 1. Would there be any issues to get the approval? 2. Would I able to transfer my H1 without any issues if I get a full time offer elsewhere?

Within the complex framework of U.S. immigration law, what role do specialized visa categories like EB-1, EB-2, and EB-3 play in determining my eligibility and priority for a Green Card as an H-1B visa holder?

​​I’m currently on an F-1 visa and have an approved I-140 petition from my previous employer, but I want to switch to an H1B visa and work for a new employer.​​Can I use the H1B cap exemption for advanced degree holders, and what steps would I need to take to ensure a smooth transition and maintain my status in the US?

I have done an MBA from USA. I’m currently working on F-1 OPT. I only have 1 chance at H-1B lottery next year. What options do I have apart from this? Will there be any repercussions if I do another Master’s at a Day1 CPT university?

Can I move from F-1 CPT to H-4 EAD once my spouse’s I-140 is approved? When should I do this so as to continue my studies and working full-time. Since I won’t be able to work on H-4 till the EAD is processed?

One of the Candidate who is Done in Free Online Master Degree from WORLDQUANT, unfortunately we applied the H1b lottery in Master’s cap. can i do the I129 petition for him in the master cap? will that Free online degree valid and accepted by USCIS?

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