H1b to F1 to H1b


Student2426

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Posted

Hello,

I got my H1B in 2014 with 3 years validity and I  worked for an year  on H1b when I planned to go for Masters.My H1b was valid till 2017. So I applied for COS from H1B to F1 and received it in 2-3 months. Now , I am currenlty on F1 and will be graduating in December 2016.  As I am graduating in December 2016 ,I am looking for a full time job. I know that F1 students have the option of working on OPT till they get H1B approved.

I am also applying for OPT in case I do not get the job by the time I complete my graduation because I do not want to be out of ststus.

My question is:

1. Is my H1B of any help to me now. Will it be valid in any way.

2. Since  I am on F1 , is it mandatory for me to apply for OPT . ( I am planning to apply for OPT in case I do not get job be Dec so that I do not get out of status)

3. If I get job on OPT, can I ask the employer to transfer the OPT to my H1B immediately.

4.If I get a job before graduation can my F1 be transferred to H1B .

5. If I apply for OPT by October end, and I get a job before graduation , can I cancel my OPT application and in this case will my visa be transferred from F1 to H1b  (assuming my H1b is valid)

6.I read somewhere that I do not have to go through the lottery and entire H1b process. A transfer of visa would be required if my employer agrees to do. Is this true

PS: I know these are a lot of questions but any help will be really appreciated.

Posted

You are entitled to a total of 5 years in H1 status with no term more than 3 years. You are not cap subject and any employer can file your H1 petition and get it approved and then you can work either based on COS or returning with a H1 visa.

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