F1 - H1 - F1 - H1

[nugg_s]

Following my first F1 I have used my OPT and changed to H1. I had about 6 months remaining on OPT. After I worked for a year I changed to back to F1 as a full time student and will be graduating in 2003. I have 5 years out of 6 remaining on H1.

Qestions:
1. Can I use the remaining time (6 months) I have left on OPT for my new program or am I not eligible (this is my second masters program).

2. When I graduate and get a job, could I immediately get transferred to a H1 status (as I have 5 years left) or do I have to go through a 4 - 5 month process as I did when i first applied for a H1.

Would appreciate a response at the earliest.

 

[Raj1994]

When you applied for OPT the first time, did you apply for the entire 12 months (but used only 6 months of it); or did you apply for only 6 months and changed to H1 after that? If it is the latter, then you definitely have another 6 months left. If it was the former, then you have lost all of the OPT unless the following applies: You leave the US and stay outside for 5 months continuously and re-enter to start the second program AND complete at least 1 year in the second program.

So, the 12 month period is total, for all degress, unless you stay out of the US for 5 consecutive months.

When you finish the 2nd program and change to H1, it will be a new one all over again. You will be subject to the quota, may have to wait several months etc (unless you go for premium processing). Also the earlier H1 period would count toward the six year limit.