Ka Man Ng

Hi, I have three questions on F-1 and H-1:

1. My friend got her EAD from optional practical training after she graduated from
college. Her 12-month EAD is going to expire on Jan. 31, 2002. May I know if she
has an extra 2-month to stay in the stay after Jan. 31, 2002? Either assuming she
did not use the 60-day grace period before getting her EAD OR she used one-month
to wait for her EAD after she graduated? I am confused about how the 2-month grace
period applies in her situation.

2. Assuming she can find a H-1B sponsor before March 31, 2002 (assuming the 60-day
grace period applies to her situation). Can she stay in the U.S. to wait for her
H-1B, which takes about 3-month to process? Must she leave the country? What
should she do?

3. She intends to work in the marketing field. Is she qualified for an H-1B. Her
application on her previous job got rejected by INS, is it because it was a
marketing job? How can she know if she is eligible for an H-1B in her next job?

Thanks a lot for any help!

mindyh2000

Two requirements for H-1B visa are
1 The occupation must require at least a bachelor degree.

2 The foreign professional should have the US equivalent bachelor degree (4 years) in a field related to that occupation .

The exception is, when you get an equivalency evaluation that says your work experience in the field is equal to a 4 year bachelor degree. Three years of work experience in the field is equal to one year of college education. A evaluation from a professional service that evaluates work experience and/or foreign degrees would be able to determine whether your work experience and college degree would be enough for obtaining h1b. Please visit our VISA Info page for more details