Just ask one question to yourself, "Are you sure that the quota for H1B will not be full by May 1st or whenever you return from Nepal". If you say yes, than there is no problem filing after coming back from Nepal.

First of all make sure you can file for H1B without graduating. From my experience you need to gratuate before you can file. For the last three years due to strict rules and regulations H1B quotas take about 9 months to fill up completely. Check the history at www.uscis.gov. Even if you file H1B after you come from Nepal you will be good. If your Visa hasn't expired yet and you don't need to go to US embassy in Nepal, I would say apply for H1B after you come back.

OPT apply chai kina nagrnu bhako? Tyo OPT le cap gap cover garcha re. tara I am not sure how you will in status between your semester ends and the H1B start time which is Oct 1. I am looking for jobs but I am doing second masters I am bugged with the fact that I will not be able to cover the cap gap period.

Mitra, Graduation nai navyaekana kasari H1B file garchau? tehi pani, you can't travel at the time you are filing H1.

Graduation is not requirement to file H1B. As you are currently working in CPT, I would suggest you to apply H1B after you come back from Nepal. As you will be working more than one year in CPT, you don't have option to go for OPT.

@Summe, you are right as My friends who do not have graduation already have got h1b. Yea, I will file h1b when I will be back. Hope one quota would be left 4 me.. thankssssssssss every1

If you are a Masters student, your employer can file H1 on your undergrad degree, but if you are doing undergrad now, then I dont see how you can file for H1 without graduating. Just my 2 cents...

I agree with you Welcome2.

The lawyer hired by my employer, kind of scolded me that I better not listen to any of my frens and other people and follow him only. He said that within one month quota sidina sakca and I may not be able to file H1. The way he reacted was really irritating. My concern was only, Maile h1b file garera nepal jada, 1 mahina paci farkida problem hune ho ki? as if I am not wrong, h1b file garne bittikai, my status will change from F1 to H1 though I am still enrolled @ school for 6 months more. Besides, When I will get h1b, before I start working on H1(i.e would be from this October) I have to go back to Nepal for stamping. That's what my fren told me who had to do the same. However he is not from Nepal, So I am not sure about this. Now, I am kind of worried that lawyer even will file H1B or not when I will be back after a month from Nepal as I told him that I don't want to file till I am back. Na file nai nagari reject bhayo bhanne ho ki. I have this doubt bcoz, the way he reacted was very arrogant nature. Whoever can, plz suggest. Thank you http://sajha.com/sajha/chat/sm...

the only clasue here that might put you in trouble is " few courses to cover to graduate" . even if you file H1B without a letter from your school that you have completed all the courses required to graduate, you might get a RFE . You can file for H1B even if you dont have a diploma but if you have completed your courses. but if you are applying based on a degree you already have, then it would be fine. my suggestion would be, not to worry about H1B for now, it wont get filled quickly, as it used to be. But if you decided to go for it now, it might take some time for processing even if you do the premium processing and nowadays i heard there are more chances of RFEs. if you can afford to wait then it would be a good option to wait for couple of months and get the H1B, but if you REALLY have to go, its a safe option to go on CPT. Make sure you have the proper documents required , from your university (even better that if it shows you are enrolled in classes ) and from your employer. and your lawyer is right, do not just rely on friends ...... they are not the ones who will be under water if something goes wrong good luck !

Dude Your lawyer wants to make money. Check the history of H1B. It takes almost 7 months for the quota to finish. You will not be in H1B status until it starts which is on October. Until then you are in F1 status. You don't have to go to Nepal for stamping. It can be easily done in Canada or Mexico. I just recently did it in Canada. Four days of work, thats it. Actually if you don't have to travel outside US you dont need stamping at all!!