Need Help!

[akshay7]

Hello All! I have one question.

I came to US in August 2005 for Masters degree from University of Texas at Arlington. I got MS degree in August 2007 and started OPT from 23 September 2007.

On OPT I was working for a company in Dallas which told me that they will process my H-1B.

Due to recession in 2008, the company laid off employees and me too. I got laid off in January 2008.

I was left with only 2 months to search for a employer who could file my H-1B. I was unsuccessful.

To remain in US, I approached desi consultant and they filed my H-1B. I received a RFE but later, on 13 August 2008, USCIS approved my petition for non-immigrant worker.

I started working for consultant for their in-house project from October 2008 but due to death of my father, I came to India in March 2009, lived here for about three months and went to USA on 18 June 2009. I got my H-1B stamped in my passport during this three month duration.

There were no projects available at that time so I came to India on 5 August 2009.

Since then I am working in India.

On USCIS website, when I enter my receipt number, they show that my petition has been approved.

They don't show like my H-1 B is revoked or not.

Question 1: If I go to US in near future for my PhD, I need to apply for fresh F-1 or change of status from H-1B to F-1?

If change of status, then what documents do I need to show to embassy for proving that when I left USA on 5 August 2009, I was in status.

Questions 2: After completing PhD, if I find employer willing to file for my H-1B, then I will be cap exempt or not? I have approved H-1B.

All your help and guidance are really appreciated.

Regards.

[kiran234]

Question 1: If I go to US in near future for my PhD, I need to apply for fresh F-1 or change of status from H-1B to F-1?

If change of status, then what documents do I need to show to embassy for proving that when I left USA on 5 August 2009, I was in status.

If your H1 B is approved in 2008 for 3 years, its already expired in 2011. So change of status of status is not applicable for your case to get F1

Apply for F1 visa.

Questions 2: After completing PhD, if I find employer willing to file for my H-1B, then I will be cap exempt or not? I have approved H-1B

You can apply for OPT after completion of PhD and with approved OPT you can work for any employer. .

If you dont want to use OPT and want to apply for H1 B, an employer can file cap exempt h1 b petion for you as you have a cap counted H1 B that was not maxed out or can file a petition subjected to CAP under 20,000 (U.S. master’s degree or higher).

How does USCIS determine that an H-1B petition is subject to the Cap?

A: USCIS uses the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 14 through 15) to determine whether a petition is subject to the 65,000 and 20,000 (U.S. master’s degree or higher) H-1B numerical limitations (the “cap”).

[akshay7]

Anybody in forum! Please reply.

Regards.