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rajusb

H1B-F1-H1B

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Hi All,

I came to USA on F-1 status and completed my Masters degree in 2008 and have been in OPT for 6 months. After which I got H-1B and was there in the same status almost 1 year (October, 2008 - August 2009). It has been revoked in August 2009. I changed to F-1 status from then by enrolling into another Masters degree. Now I am still in F-1 and cannot get OPT as I have already used it in my first Masters.

I have some questions.

  1. Can I use the same H-1B that has been revoked earlier with the new employer or Do I have to apply for new H-1B ?
  2. If I can get back to my previous H-1B, Do I still fall under quota ?
  3. If I can get back to my previous H-1B, Can I start working immediately once my H-1B got approved or Do I have to wait till October ?

It would be great if someone could please help me with these questions.

Thank you and awaiting a reply.

-Raj

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1. Its always a NEW petition, however if you have a new employer they can file your CAP exempt petition and you can start working upon approval.

2. You were counted towards the cap so you wont fall under the quota now

3. You cannot get back to your previous H1b as it was revoked

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