H1 to Student to H1

[lovechocolate]

I have used my H1 B for 5 years and got an exentsion on H1 because my company had applied for my green card. However I quit my job and went to graduate school. Can i still use the extension they gave me after i graduate. I have not used 2 years of the extension that I received or do I have to leave the country after my OPT expires?

Thanks!

[shandan]

Get in touch with an attorney to check if they can extend your previous H1 or they have to file a fresh H1, in which case you would file next year April and it will not start until Oct 1st 2013, so if your OPT expires prior to that then you would have to go back, for that period.

[nvijragh2]

I dont agree wit shandan.

Love,

If your I-140 is approved you can ask for OPT to H1 (COS) and it will be approved for 3 years for the same old Visa.

If your I-140 is not approved, then you will get for 1 Year as max Year to stay and work in USA on H1 is 6 years.

Let me know if you have any questions. ton_vj at yahoo

[sfdc.mike]

You can extend rest of the period left your H1, I got same, If your I-140 get approved and Proper documentation chances of getting 3 more years extension.

[shandan]

Gosh nvijragh2 you have made your assement with a whole bunch of assumptions, where in his post did the OP mentioned he has an approved I-140 ?

And even with an un approved H1B, he would need to get it transfered to the new employer since this person is currently on OPT and no where did he mentioned he would be working for the same employer on his OPT as the one he had the H1 with, so I suggested consult a immigration lawyer for process of extending the old H1 by either capturing the unused time and/or transfer, let the immigration lawyer suggest the correct path.

If he/she wishes to file a new H1, then it wouldn't start until Oct 1st 2013, in which case if his/her OPT expires prior to that, then wouldn't they need to go back ?