Rule to recapture H-1B unused time (Remainder Option); What if I change professions?

Question details

I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.

I have approx. 4.5 yrs remaining on my H1B. My questions are below:

1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.

2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?

3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?

 

ANSWER
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FAQ Transcript
  1. Yes, you can.
  1. If you want to work in a different domain that does not stop you from using the reminder option. I see no problem.
  1. H-1B does not prohibit you from going to school. You could work and go to school at the same time.

Nonimmigrant Visas

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