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Samraat

H1 Query

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Hey Guys,

I came to know about this forum and thought of getting inputs from everyone present here on my trifle question :)

I got admitted in Spring 2011 to University of Michigan and i will be graduating in Fall 2012. Before joining school I was on legal H1B status for 1.5 years and i applied for change of status and started my studies.

When i graduate in December 2012 then i will get OPT for 12 months and then in 2013 i should file for m H1B again.

Do i have to wait to wait for H1B to get effective from October 1, 2013 or i can apply anytime in 2013 for H1B and start working? If i can file anytime then is it necessary for me to travel outside US and get my visa and then come back and start working or i can work as soon as my H1B is approved?

Also my last employer was not happy on my decision to leave the job for school and they told me that they haven't informed USCIS about my job resignation as but they did give me a relieving letter which i used during change of status.Will this have any issues in my next H1B or my H1B is still associated with my last employer?

I am asking all questions because my last client(for whom i came to US to work) is ready to hire me as full time employee and i want to get all my doubts cleared for the next phase.

Your inputs will be highly appreciated.

Thanks,

Samraat

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1. You were on H1 in past, so your prospective new employer can file for your H1 anytime as CAP exempt and you can start as soon as it gets approved.

2. No

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Hey Guys,

I came to know about this forum and thought of getting inputs from everyone present here on my trifle question :)

I got admitted in Spring 2011 to University of Michigan and i will be graduating in Fall 2012. Before joining school I was on legal H1B status for 1.5 years and i applied for change of status and started my studies.

When i graduate in December 2012 then i will get OPT for 12 months and then in 2013 i should file for m H1B again.

Do i have to wait to wait for H1B to get effective from October 1, 2013 or i can apply anytime in 2013 for H1B and start working? If i can file anytime then is it necessary for me to travel outside US and get my visa and then come back and start working or i can work as soon as my H1B is approved?

Yes, the petition can be filed as cap-exempt at any time. Travel and Visa is not needed.

Also my last employer was not happy on my decision to leave the job for school and they told me that they haven't informed USCIS about my job resignation as but they did give me a relieving letter which i used during change of status.Will this have any issues in my next H1B or my H1B is still associated with my last employer?

Absolutely no problem.

I am asking all questions because my last client(for whom i came to US to work) is ready to hire me as full time employee and i want to get all my doubts cleared for the next phase.

Your inputs will be highly appreciated.

Thanks,

Samraat

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Thanks Chitown. But my visa changed from F1 to H1B and since this was a change of status, can still my prospective employer file for H1B any time

?

Some one told me since my vids changed from H1b to F1 so I have to again file and wait till October.

Also as some one else replied, in my new H1b will I show my years as 1.5 or 3.5? My F1 duration shouldn't be counted as my tenure for H1 isn'td?

Samraat

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1. You were on H1 in past, so your prospective new employer can file for your H1 anytime as CAP exempt and you can start as soon as it gets approved.

Thanks :)

Can you pleas also let me know that what will be the remaining time on my H1? Since i just used 1.5 years, i believe that my H1B will have 4.5 years remaining in it?

2. No

Thanks :)

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1st October start date is for CAP subject petitions, yours is CAP exempt so....

F1 Does Not count towards H1

While filling your attorney would calculate time and all

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1st October start date is for CAP subject petitions, yours is CAP exempt so....

F1 Does Not count towards H1

While filling your attorney would calculate time and all

Chitown can you also tell about the process for doing this? Do i have to file COS and then i will get my H1B? Or i have to file COS and simultaneously apply for H1B?

Or if you know the correct step sequence then please share it.

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Chitown can you also tell about the process for doing this? Do i have to file COS and then i will get my H1B? Or i have to file COS and simultaneously apply for H1B?

Or if you know the correct step sequence then please share it.

The employer just files an H1, just like every other H1. The employer notes the previous H1 approval on the application. That's it.

As soon as the new H1 is approved, you can start working for the employer.

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When your employer's attorney files h1 petition (I-129 Form)

They will put classification (2) of Change of Status and Extension of stay...Attorney would know the time calculation and all you dont have to worry abt itt...... Nothing has to be done from your end.

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dont worry about the process now. First find a good job and the employers lawyer will take care of it. MAKE SURE you maintain all your documents like i-20, exit/entry stamps, old 797s. etc etc

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