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Thread: H1-f1-h1

  1. #1
    Join Date
    Jun 2005
    Posts
    48

    Default H1-f1-h1

    Currently, I'm going to apply F1 visa (COS from H1 to F1 while staying in US) after my recent end of employment (H1B Visa). few questions.

    (1) Do i Subject to H1B Cap when I get job in future ?

    (2) how difficult to transfer from F1 to H1 besides employer willingness ?
    Like need to apply from home country or any other requirement ?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,341

    Default

    Once you have completed 6 years on H1B, you must remain OUTSIDE the US for 1 year and will be subject to quota. Changing to F1 does nothing to reset your eligibility for new H1B.

    If you have not completed 6 years, you may use the remainder and then you will need to exit the country.

  3. #3
    Join Date
    Jun 2005
    Posts
    48

    Default

    Dear CnCd1,

    Thnks for reply. Let me give clear idea @ my situation so you can respond with any correction.

    After finishing my initial education in US under F1 visa, I got a job & completed 4 years with my current H1 till date.
    I'm going to apply F1 again as recently i was laif off by applying COS, I-539 application.

    (1) My question is if i get job in future so i can get H1 (for remaining two years) by filing I-539 again from US any time in a given year ? Do i need to travel to India to apply H1?

    (2) Am I subject to cap ?

  4. #4
    Join Date
    Mar 2008
    Posts
    1,341

    Default

    Quote Originally Posted by par123 View Post
    Dear CnCd1,

    Thnks for reply. Let me give clear idea @ my situation so you can respond with any correction.

    After finishing my initial education in US under F1 visa, I got a job & completed 4 years with my current H1 till date.
    I'm going to apply F1 again as recently i was laif off by applying COS, I-539 application.

    (1) My question is if i get job in future so i can get H1 (for remaining two years) by filing I-539 again from US any time in a given year ? Do i need to travel to India to apply H1?

    You may apply for COS to H1B in US. Use premium processing to begin work quickly; you cannot work until you receive the new approval notice.

    (2) Am I subject to cap ?

    NO.
    If you complete an advanced degree, you may use OPT before H1B.

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