F1 to H1 cos after masters

[sumsha]

Hi, 

 

I will give some of my background so that I can get a good advice. I have worked for 3.5 years in USA on a H1 visa. I travelled back to India last year (Oct) after filing my second H1 extension. My H1 extension was approved till Dec 2015 while I was in India. But, I had different plans for higher studies in USA and received an admit from a reputed USA university. I got my F1 visa last week and will be travelling to USA in Aug to start my classes. I have following queries on which I need help from this forum.

 

1. Will I be able to use my current H1 petition after completing my masters? Can I change my status from F1 to H1? If yes, will I be exempted from the lottery?

2. Do I need an original copy of my current petition? My current employer has not handed over the original H1 petition to me. I do have a copy of the original H1 petition though? Do I need to request the original copy from my employer?

3. What will be the remaining tenure on my H1 after changing the status from F1 to H1 (I have already used 3.5 years on my H1) ?

4. Is it possible that my current employer can cancel my current H1 petition? If yes, what will happen in this scenario?

5. If my current H1 petition is cancelled, can my future employer apply for a new H1 for me? Will I be exempted from the lottery in this case?

 

I am sorry for asking too many questions but any help will be much appreciated. Thank you.

[JoeF]

An employer can file a new H1 for the remainder of the 6-year maximum.

It is always a new H1.

[sumsha]

Thanks, JoeF. It means that I don't have to worry about my current H1 petition, kept by my current employer. My future employer can file a new H1 (cap exempted) for the remainder of the 6 years after I complete my masters.

[JoeF]

Yes.

[sumsha]

Thank you, JoeF