H1 to F1 To H1

[Raviaj]

Hello. I need some advice. I came to the US in August 2005 for my masters in mechanical Engineering.

 

In Jan 2007 started work on CPT and did 1 semester of CPT. May of 2007 upon graduation I was offered a full time position and started full time work on OPT.

 

In April of 2008 the same company sponsored my H1 which got approved. I I worked with that company till August 2010. So I exhausted Oct 2008 till Aug 2010 i.e. 1 year 11 months of my H1.

 

In August 2010 I started working on my PhD so I did a change of status from H1 to F1 which was approved. I have been on F1 since August 2010.   

 

I have recently got a job offer and the company is willing to sponsor my H1.

 

The H1 cap for this year (2014) is already over - for both general 65k quota and for 20k masters quota. Can my company still apply for H1 as I had an H1 before and haven't exhausted the 6 years and I can start working once the H1 is approved or do i have to wait for April 1st 2015? 

 

Please advice. 

[jairichi]

Hello. I need some advice. I came to the US in August 2005 for my masters in mechanical Engineering.

 

In Jan 2007 started work on CPT and did 1 semester of CPT. May of 2007 upon graduation I was offered a full time position and started full time work on OPT.

 

In April of 2008 the same company sponsored my H1 which got approved. I I worked with that company till August 2010. So I exhausted Oct 2008 till Aug 2010 i.e. 1 year 11 months of my H1.

 

In August 2010 I started working on my PhD so I did a change of status from H1 to F1 which was approved. I have been on F1 since August 2010.   

 

I have recently got a job offer and the company is willing to sponsor my H1.

 

The H1 cap for this year (2014) is already over - for both general 65k quota and for 20k masters quota. Can my company still apply for H1 as I had an H1 before and haven't exhausted the 6 years and I can start working once the H1 is approved or do i have to wait for April 1st 2015? 

 

Please advice. 

You are cap exempt.

[t75]

You may use the remainder of 6 years on a new petition. Provide your prospective employer with your old approval information.

[Raviaj]

Can you please clarify - Does that mean I am subjected to the cap or not? 

[Raviaj]

You may use the remainder of 6 years on a new petition. Provide your prospective employer with your old approval information.

Can you clarify - Am i subjected to the cap or not? I mean do I have to wait till next year or can I still apply as the 2014 cap has been exhausted. 

 

Also once the receipt is received can I start working or do I have to wait for approval?  

[jairichi]

Can you clarify - Am i subjected to the cap or not? I mean do I have to wait till next year or can I still apply as the 2014 cap has been exhausted. 

 

Also once the receipt is received can I start working or do I have to wait for approval?  

You are cap exempt. You can start to work only on approval and not based on receipt notice.

[rohang]

You can work after you have approval. For faster processing your employer can fill under PP.

[Raviaj]

You can work after you have approval. For faster processing your employer can fill under PP.

 

 

You are cap exempt. You can start to work only on approval and not based on receipt notice.

Thank you so much. This is what I had gathered and found from forums. I tried explaining this to the lawyer my organisation has on retainer ( Business Investments & Transactions, International Law, Corporate Law) who is not a immigration specialist. I have discussed the option of hiring another lawyer handle this case but my employer is obligated via the contract. 

 

Is there a USCIS document or any website that would have this process explained so I could take this to my employers? 

 

Any help would be appreciated. 

[JoeF]

Thank you so much. This is what I had gathered and found from forums. I tried explaining this to the lawyer my organisation has on retainer ( Business Investments & Transactions, International Law, Corporate Law) who is not a immigration specialist. I have discussed the option of hiring another lawyer handle this case but my employer is obligated via the contract. 

 

Is there a USCIS document or any website that would have this process explained so I could take this to my employers? 

 

Any help would be appreciated. 

It is all in the immigration law.

If the employer is not familiar with that, they should consult with an immigration lawyer.