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Murthy Law Firm

H1B to F1 and back to H1B


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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,

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  • 1 year later...
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 

 

 .

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