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?
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.
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3 lawyers agree
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.
20 lawyers agree
I think any such transfers may be viewed as questionable. You will act wisely if you meet with the counsel of record.
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2 lawyers agree
You don't seem to be subject to the cap, unless you exhausted all six years in H-1B status.
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