An interesting question. The question is really this. Can I get a 7th year H-1B after i have been off H-1B for one year in F-1 status?
The answer is, CIS has not cleary answered this question. I know we have successfully filed an H-1B in exactly this situation, but I do not remain convinced that for policy reasons USCIS willl approve it every time. The thought by CIS would be that since your not in H-1B status, you cannot extend it another year, plus the memos they have speak directly to filing the Labor Cert before the end of the 5th year of H status concludes. Bottom line, however, is that is worth a try, becuase your worst case scenario is that you remain in F-1 status.
Charles H. Kuck
Kuck Immigration Partners LLC--The Immigration Law Firm
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You will be able to file for a 7th year H1B once your Application for Labor Certification has been pending for 365 days.
Separately, you can recapture either 1) time spent outside the US during your H1B petition period or 2) time spent in the US after your Change of Status. Either must be documented.
Beware that spending too much time in CPT (12 mos) will make you ineligible for OPT upon graduation.
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