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I'm 3 years into my H1B: Can I do a 2-Year Full-time MBA and use my remaining 3 years?

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asked Dec 12, 2017 by anonymous

I'm a Belgian on H1B in the US, here's my immigration timeline:

  1. F1 visa from Aug 2014 to May 2015 (1Y)
  2. OPT (F1) from June 2015 to June 2016 (1Y)
  3. STEM OPT (F1) from June 2016 to October 2016 (4mo)
  4. H1B from October 2016 to date (1Y to date)

Now I want to do an MBA from Fall 2019 to Spring 2021 (I'll be 3 years into my H1B when I start).

My questions: 

  1. I understand my H1B can be 6-years long in total - do I extend while still on my H1B or can I just apply for the H1B again in Spring 2021 when I graduate? And will I be cap-exempt?
  2. Since H1Bs are awarded in October, what status do I have to be on assuming I want to work between then and my H1B start date?

Arthur

1 Answer

0 votes
answered Dec 13, 2017 by Daisy2211 (120 points)

When you enter the US, the USCIS office at your port of entry will issue you a Form I-94, in your passport. The USCIS inspector will write the duration of your valid status in the US on your I-94. The date on the Form I-94 is the date to which you can stay in US. That is, if you have "duration of status" you may remain in the US as long as you are in the same job or same category of job. It is always advisable to apply for your extension of stay with INS a few months before your I-94 expiration date.

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