F1 --> h1b-->f1--> h1b

[raju7jagan]

I came to US on f1visa in 2008 While doing masters I applied for h1b in general quota. Got it approved on oct 2008 . But did not go for stamping. I worked on h1 b for 6 months. And later applied for f1 visa on 2009 and continued my studies by terminating h1b . I left to india, got f1 visa stamping again in 2009 dec and came back Now that I am on Opt, I am planing to apply h1b in masters quota.

Please let me know if my case comes under H1b extension and once it gets approved , will I be on h1b right away or will it be activated on October.

Also do I have to apply for h1b by April 1st or can I wait till my opt expires ( june)

[Attorney_11]

The USCIS generally only considers an H1B applicant counted against the numerical H1B cap if s/he is physically present in the U.S. when the change of status to H1B takes effect or s/he is issued an H1B visa from a U.S. consulate abroad. If a beneficiary is considered to have already been counted against the numerical cap, they do not need to go through it again and may be the beneficiary of an H1B petition with a start date sooner than the start of the fiscal year in which H1B cap numbers are available.

[raju7jagan]

thanks for the reply. could you please make it simple. it's confusing

[raju7jagan]

Since i was on H1b for 8 months only before terminating it, can i now have a chance to utilize the remaining 5 yrs period when i apply for H1b now?

[Attorney_11]

Put simply - an individual may utilize the remainder of the H-1B time left out of the six years even after a gap where they were in different status (like F-1). If they have already counted against the cap (i.e. the employer who had filed their first H1B petition was not cap exempt), then they do not need to go through the cap again when seeking to utilize the remainder H1B time.

[raju7jagan]

thanks for the info. I appreciate your help

[raju7jagan]

I am planing to apply h1b On 1 st week of may. My opt expires on june 3rd. am i eligible to work with h1b reciept or do i have to wait till h1 b gets approved. Since I am filing h1 b with cap exempt, am I eligible to work after opt expiration and h1b approval period with h1b receipt ?

From: Jpenmetsa7 [mailto:************@gmail.com]

Sent: Monday, March 25, 2013 3:49 PM

To: *************

Subject: Re: Jagan's status

Hi,

As we spoke earlier regarding Bofa position and my status

Here is my situation :

I came to US on f1visa in 2008. While doing masters I applied for h1b in general quota. Got it approved in 2008 October. But did not go for stamping. I worked on h1 b for 8 months. And later changed my status to f1 visa and continued my studies by terminating h1b . I left to india in 2009 dec got f1 visa stamping again and came back Now that I am on Opt extension I am planing to apply h1b in masters

i believe it comes under H1b extension and once it gets approved , i would be on h1b right away Since my h1b start Darwin's not more than 6 yrs.

I can wait for applying h1b till my opt expires (June) and I don't need to apply it right away this April 1st

Please correct me if I am wrong