Help Needed : Question on H1B (3 years) then OPT and then H1B again?


darshanyshah

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I was on H1B with Employer A (Hospitality Domain) for 3 years only. Then i decided to do Masters and changed my status to F1. Currently i am on OPT and working in IT sector. Now i want to go back on H1B, will it be just a transfer? Or will it be new H1B ? I certainly know i will be cap exempt since i already had H1B before?

 

I need some clarifications:

 

1. Am i eligible for H1B transfer? If yes, can i do it anytime of the year or only in April?

2. The H1B now will be a different domain (IT), from previous (Hospitality). Will it be a problem? I have my Masters degree to support my current role.

 

Thanks in advance for your answers.

 

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I believe it would be treated as a new H1-B. The fact that you changed status to F1 and got a fresh dosage of OPT treats your second H1-B as a new H1-B which means you also get 6 more years... Although, don't quote me on this and I'd advice you to wait for other forum replies or your attorney. 

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I believe it would be treated as a new H1-B. The fact that you changed status to F1 and got a fresh dosage of OPT treats your second H1-B as a new H1-B which means you also get 6 more years... Although, don't quote me on this and I'd advice you to wait for other forum replies or your attorney. 

 

No, you are wrong.

The OP gets the remainder of the H1 time without going through the lottery. An employer can apply at any time.

To get a new 6 years, a person would have to be outside the US for a year before a new H1 application is filed. Simply changing to some other status doesn't cut it.

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