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H1b to F1 then back to H1b

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. 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 as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. 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 the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. 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 information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  4. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.


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

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