I am a college student about to graduate in April 2018 from India. I have 3 years of freelancing experience and 5 months J1 internship with a company in the USA. I was offered a full-time job by the company. Will it be possible for my company to apply for an H1B for me? Or do I have to wait until next year?

  • Did your J1 have a 2-year home residency requirement?
    – user102008
    Commented Feb 10, 2018 at 17:47
  • @user102008 No. "Two year rule does not apply" Commented Feb 10, 2018 at 18:02

1 Answer 1


Assuming this is not a cap-exempt H1b (non-profit or on a school campus), an H1b effectively can only be applied for every April 1 for a start date of October 1. (There is a quota on how many are available each fiscal year. Fiscal years start in October 1. They can apply 6 months before the start date, so the earliest that they can apply is April 1; and in recent years, they fill up within a few days in early April, so it pretty much must be applied by April 1.)

However, you must meet the requirements for H1b at the time it is filed. You said you will graduate in April, so you may not have the degree by April 1 this year, and so may not be able to use that degree to qualify to apply this year. If you have already completed all the requirements for the degree, you might be able to use it even if you haven't received the actual diploma.

  • My school will be officially over in mid of March, but we will be having some exams in the mid of April. Does it count that "I won't be eligible"? Commented Feb 11, 2018 at 9:24
  • 1
    @hemnathmouli: You will likely count as ineligible if you cannot produce some document confirming that you are eligible for the degree.
    – einpoklum
    Commented Feb 11, 2018 at 11:07

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