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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.

Rochester, NY |
Filed under: Immigration US visas

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


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.

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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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