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F1 to H1B Emergency Application (Immigration Law)

Mon, 27 Dec 2004 16:00:00 GMT

What is the name of your state? Missouri
I have defended my PhD from a university in US in November but havent graduated (graduation is in May 05). I wanted to apply for an H1B directly without going on a CPT or OPT. I have employment in a University as a post-doctoral research assistant. My employer is willing to process the H1B.
1) Can I apply for H1B without being on an OPT or CPT? i.e directly from F1 to H1B
2) If so can I do the premium processing for this method? Any website where I can download the forms?
Thanks. Any information will be highly appreciated.

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  • Thu, 30 Dec 2004 19:43:00 GMT(1)
  • Yes, provided you are still in valid F-1 status, you can apply for the H-1B directly from this status without first going on OPT. The information is available on the USCIS website, but given the importance of this process for your ability to remain in the US legally and to have valid employment authorization, I would strongly advise against doing this yourself. It is well worth your time and money to contact an immigration attorney to assist with the process of drafting and submitting the H-1B petition on your behalf.
    Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.
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