Answered on Nov 29th, 2018 at 3:20 PM
Whether you can obtain an H-1B visa may depend upon your ability to have a cap-exempt organization sponsor you and whether you qualify for the H-1B’s requirement of the position being a specialty occupation by virtue of your education or a combination of your education and prior experience. There are 4 types of cap-exempt organizations – institutions of higher education, nonprofit organizations related to institutions of higher education, nonprofit research organizations, and government research organizations. If you wish to go to school instead and apply for a student visa, you can obtain an I-20 from the selected school and either take it back with you to India to interview for a student visa at the U. S. Consulate or Embassy, or attempt to change status in the U. S. I note that changes of status to student are taking an inordinate amount of time, that B visitors must maintain their B statuses regardless of how long the adjudication takes, and that U.S.C.I.S. takes a dim view of individuals who attempt to do anything at variance with the B status purpose during the first 90 days of stay in the U. S. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.