H1B>F1>OPT>H1B - Remainder or New Petition


Ryo

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Thank you so much for your valuable comments and advice in this forum.
I used to have H1B for 2 years and 9 months from Nov 2012 to Jul 2015. I submitted Change of Status to F1 in Jul 2015(approved in Jan 2016) to pursue a master degree and I am about to start OPT by finishing graduate school in Dec 2016. I am thinking to go back to work after OPT, but I have a few quick questions about the way that I can return to H1B status.

1. To go back to H1B, am I eligible for H1B 'Remainder' Option? Or do I need to submit a new petition to go through the lottery?

2. If I can process H1B 'Remainder' Option, can I be on H1B for about 3 years more excluding the years on F1 and OPT, or for about 1 year(6yrs from 2012)?

3. If processing the remainder, since I had three months left until the end of the first 3 years on H1B, should I file H1B visa extension petition immediately after the remainder starts?

4. To process the remainder, should I simply submit COS from F1/OPT to H1B with the old references? Is there any other things I should do/have done before?

Thanks in advance!

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1. You can re use your remaining years on H-1. Don't need to go through lottery.

2. You will get the remaining 3 years and 3 months. (Confirm with an attorney once to be 100% sure)

3. Not needed. You will get for more than 3 months.

4. You cannot file H-1. You need to find an employer and then he should file a H-1 petition.

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