H1B to F1 and back to H1B

[pss2125]

So this is the story. My friend got a fulltime job in May 2009 and had H1. He was laid off in November 2011 and then shifted to F1. He has been searching for fulltime for the last 6 months and could not get any job. Now even the H1B qouta for this year has expired.

My question is: since he converted back to F1, does he have to come through 65000+20000 quota to get a job?

Or since he already had H1B visa, if he finds a job tomorrow even though H1B quota for this year is finished, the employer can do transfer and take him in H1B visa right away.

Thanks,

[JoeF]

If he (you?) has been counted for the H1 quota in the last six years he is not counted again.

[pss2125]

Thanks for the clarification. I had this doubt because if he is on F1, how a employer files for H1. Its not me, but I asked coz one should have all the information about what to do once laid off.

[JoeF]

Well, if it is not you, can your friend not post a question for himself? Internet connectivity is widespread nowadays...

[Sachi_08]

here is the answer

 

 

 

Generally, an individual who has previously been approved for H-1B status and has counted against the H-1B cap and has H-1B time remaining out of 6 year is not counted against the cap again for subsequent H-1B extensions or change of employer petitions.

 

If  your friend have exhausted 1 years on H1B then change to F-1, then an employer can file an H1 petition for him at any time.He can start immediately after H1 approval and not wait for 10/1

 

If you have been counted for the H1 quota in the last 6 years, you are not counted again, 

 

Changing to some other status F1 and back H1 will only give you whatever remainder time is left in this case 5 year 

 

 .

[JoeF]

You know that you've been answering a question that is over a year old, do you?

And I had answered it already in my first post on this thread, way back in June 2012...