Re-opening H1B after changing back to F1

[shalikram]

Hi Murthy Experts

I just need a general idea about this process works

I was on F1 when I came to US in 2003. In 2006 I was granted H1B(courtesy of my employeer) and I started working until Feb 2009 under H1B category. Then I lost my job and subsequently changed my status back to F1 ( via change of status).

Now I graduated and on OPT and recently started working and my employeer is willing to file my H1B.

My question is since I didnt use up 3 years of previous H1B term. How do I go about applying for my H1B now. does I come under same quota?. Say if My employer files my H1b on April 2012, and upon approval when will my start date be ( October??).

Any information on this whole issue will be highly appreciated.

Thank you!

[shalinih1]

Even I posted a similar question!

[shalinih1]

Hi Murthy Experts

I just need a general idea about this process works

I was on F1 when I came to US in 2003. In 2006 I was granted H1B(courtesy of my employeer) and I started working until Feb 2009 under H1B category. Then I lost my job and subsequently changed my status back to F1 ( via change of status).

Now I graduated and on OPT and recently started working and my employeer is willing to file my H1B.

My question is since I didnt use up 3 years of previous H1B term. How do I go about applying for my H1B now. does I come under same quota?. Say if My employer files my H1b on April 2012, and upon approval when will my start date be ( October??).

Any information on this whole issue will be highly appreciated.

Thank you!

If your H1 B approval goes through, you can start immediately.

Murthy FAQ

Question 10. I was in H1B status and changed to F-1 status. I am now ready to work in H1B status again. Do I get six more years in H1B status?Top

No. The six-year clock in H1B status is not reset unless one leaves the United States for at least one year. As a result, the time previously spent in H1B status will be counted against the six-year H1B limit.

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Individuals who previously held H1B status in the last six years, and subsequently left the U.S. for at least a year, generally have the option of either using the time remaining in H1B status without being subject to the cap or applying for another six years of H1B employment subject to the cap.