H1B to F1 to H1B


Kumar1101

Recommended Posts

I came to USA in Oct,2014 on H1B  and its valid till Oct,2017 and my employer told me that they will revoke my H1B in 3 days. I have few questions here.

1. I have read somewhere that I will have 60 days after termination of H1B to find new employer or change the status. Is that correct? What is that exact rule?

2. If I go to F1 and I will come back to H1B, will I have to go through H1B cap or I will be exempt from lottery and cap?

3. I have worked around 2.5 years  ( 3.5 years left for total 6 years ) on H1B and then I go to F1 for 1 year and if I come back to H1B then how many years will be left for H1B for me?  2.5 years or 3.5 years?

4. My wife is on H4 visa, what will be her status while on F1? What I have to do for her status?

 

Link to comment

Hello Kumar,

I want to give my advice here for your Questions from my experience.

1. I have read somewhere that I will have 60 days after termination of H1B to find new employer or change the status. Is that correct? What is that exact rule? : Yes there is some grace period for any non-immigrant to convert from one visa to another i am bit unsure about the 60 day period which you stated.

2. If I go to F1 and I will come back to H1B, will I have to go through H1B cap or I will be exempt from lottery and cap?  Since you are already an H1B approved once you will not be falling into the CAP , you are exempted. Any employer can file another new H1 for you at any time provided you have a valid status.

3. I have worked around 2.5 years  ( 3.5 years left for total 6 years ) on H1B and then I go to F1 for 1 year and if I come back to H1B then how many years will be left for H1B for me?  2.5 years or 3.5 years?  I am unsure here but all i can say is if you file another H1 and ask that employer to file Green Card and once you pass the I-140 stage your H1B will be extend.

  4. My wife is on H4 visa, what will be her status while on F1? What I have to do for her status?  well you have to do a change of status to F2 if you are on F1 only when you have your F1 staus is approved. 

All i can say here is look for another company which can file new H1, if they file for a new one now and once you receive a receipt(acknowledgement ) you are in good status even if your previous H1 gets revoked.

Someone please correct me if i am wrong with any answers,

Hope this is helpful!!

Link to comment

You can't just "go on F1." Applying at a university and getting accepted takes several months.

Your wife's H4 is dependent on you being in H1 status. If you change to another status, your wife would also have to change to an appropriate status.

Link to comment

Archived

This topic is now archived and is closed to further replies.