H1b to F1 then back to H1b

Asked 5 months ago - Pittsburgh, PA

I'm currently on H1b and thinking to go back to school for another master program. My current H1b status will be valid through Sep 2016. If I get another job after I changed my status to F1 and need go back to H1b, do I need to wait until April 1st to file a new petition? Do I need to go through the lottery once again?

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    20

    Lawyers agree

    Answered . No, not if your current employer is subject to the H-1B numerical cap. Please see

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all... more
  2. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . In essence, you are asking whether you would be CAP exempt in two years from now. Well, one is CAP exempt if a legitimate H1B petition was approved in the last six years immediately preceding the new employer petition, carrying his or her name in it as a beneficiary.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . I think any such transfers may be viewed as questionable. You will act wisely if you meet with the counsel of record.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  4. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You don't seem to be subject to the cap, unless you exhausted all six years in H-1B status.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  5. Juan Paolo Pasia Sarmiento

    Contributor Level 15

    1

    Lawyer agrees

    Answered . What I believe you can do is to recapture argument.

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