I had H1B and got laid off. I transferred to F1 decision is still pending. What a company can do to get H1 at this point.

Asked over 1 year ago - Rochester, NY

My H1 is based on masters degree from reputed US school and was stamped in october 2012. I got laid off in November and filed for change of status to F1 and application accepted in 2nd week of December. The hiring company filed for visa revocation immediately. Now I got a job offer and would like to know what can be done to obtain H1 again.

Attorney answers (3)

  1. Carlos E Sandoval

    Contributor Level 14

    Answered . You need to apply for a new H-1B with the new company to transfer your existing H-1B to the new company. You may have a problem since you have not been working there since November.

  2. J Charles Ferrari

    Contributor Level 20

    Answered . File a new H-1b petition. The issues will be that you are no longer in H-1B status and are not yet in F-1 status.,

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Tripti Sharad Sharma


    Contributor Level 19

    Answered . You entered on H-1B, filed for COS to F-1 within one month, and now in another month or two you want to go back to H-1B. If I was the company's immigration attorney I will seek consular processing of this petition and not file for COS.

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

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