F-1 to H1B possibility for this scenario ?

[shashd]

let me put my story in short..

 

I had come to US back in 2007 and finished 42 of my 45 credits. Due to visa issue i had to come back to India.

After I came back to India, a company sponsored my H1-B, but i didn't continue with the company and shifted to some other firm.

So now i have applied for F-1 back to finish my remaining 3 credits. So plan is to finish the project by May 2014.

But before that say if apply for a company and they sponsor me H1-B. Will I able to join the company and need not wait until Oct 2014 for that H1-B to get activated ? As I think there was a clause saying in case there was a previous H1B approved, then the person need not wait until Oct 2014 and can start immediately after the H1-B is approved.

 

So could somebody clarify if that is right ? As I have no other options apart from this. As I cannot apply for OPT due to the 9 months minimum period of stay required for F-1.

 

So somebody knows if there is a clause like that for H1-B ?

[jairichi]

let me put my story in short..

 

I had come to US back in 2007 and finished 42 of my 45 credits. Due to visa issue i had to come back to India.

After I came back to India, a company sponsored my H1-B, but i didn't continue with the company and shifted to some other firm.

So now i have applied for F-1 back to finish my remaining 3 credits. So plan is to finish the project by May 2014.

But before that say if apply for a company and they sponsor me H1-B. Will I able to join the company and need not wait until Oct 2014 for that H1-B to get activated ? As I think there was a clause saying in case there was a previous H1B approved, then the person need not wait until Oct 2014 and can start immediately after the H1-B is approved.

 

So could somebody clarify if that is right ? As I have no other options apart from this. As I cannot apply for OPT due to the 9 months minimum period of stay required for F-1.

 

So somebody knows if there is a clause like that for H1-B ?

If your intention of coming to US is to finish your studies you can come on F1 or H1B (provided your employer allows). And, since you are counted once against cap you are cap exempted till you reach your max allowed stay of 6 years in US on H1B.

[shashd]

So, cap exempted means that i can start work asap after the H1B is approved and need not wait till Oct 1 for the H1B to get activated. right ?

 

But I have gone out of US and then come back, so does that make me eligible for this ?

 

i.e say after I finish my remaining credits of my project and graduate. Then a company sponsors me H1B, then I can join as soon as the H1B is approved ?

Did I understand that right ? 

i.e Take a scenario - I get a job, apply for H1B in April and my H1B gets approved by June 1st week. So I can join the company immediately after June 1st week ?

[jairichi]

So, cap exempted means that i can start work asap after the H1B is approved and need not wait till Oct 1 for the H1B to get activated. right ?

 

But I have gone out of US and then come back, so does that make me eligible for this ?

 

i.e say after I finish my remaining credits of my project and graduate. Then a company sponsors me H1B, then I can join as soon as the H1B is approved ?

Did I understand that right ? 

i.e Take a scenario - I get a job, apply for H1B in April and my H1B gets approved by June 1st week. So I can join the company immediately after June 1st week ?

1. Yes.

2. You are eligible as you have not used your max of 6 years allowed on H1B.

3. Yes, once you are done with your studies an employer can file a cap exempt H1B petition and on approval you can start working immediately for employer.

 

If you studies make you eligible for OPT and OPT extension it would be wise for you to utilize this before you activate your H1B. Talk to a good immigration attorney to know about these possibilities.

[shashd]

Thanks for the clarification jairichi... But I am right now out of US. So I was kind of confused. I will definitely talk to the immigration attorney about this.

Thanks for the replies..