F1 to H1B , Urgent Please

R

rakhi_1980m

Registered Users (C)
Hello ,

I am in very urgent need to know some information about H1B visa.

I shifted to F1( Student Visa) after getting laid off on H1B.
I worked on H1B visa for 8 months.

I went to India to get my F1 stamped and my H1B visa was cancelled on the passport.

I have few questions ?
Q1) If I apply for H1B again, for many years will I get my H1B ?
5 yrs 4 months or 3 yrs ?

Q2) Will I fall under new H1B quota or old quota of 2004 when I got my H1B approved for the first time ?

Q3) Can I start working as soon as I apply for H1B ?

It will be very big help if I know answers to these
questions.

Regards,
Rakhi
 
You did not leave the US for a year so that you'll get 5 years and 4 months
for the next H1B. It is more likely you get 3 years first, and then extend it by 2 years and 4 months, depending on how your employer will apply.
You do not come under quota since you were not physically out of the US.

I read some article saying one who used to be on H1 status can start working
upon filing of H1(AC21 H1 portability).
 
Well I was physically out of US for getting my F1 stamped and my H1B was cancelled at that time. So even then I will not be subjeccted to quota ?

Also, as my first H1B was cancelled which was for 3 years ,will I still get 2 years and 4 months of that visa ?


Thanks
Rakhi
 
rakhi_1980m said:
Well I was physically out of US for getting my F1 stamped and my H1B was cancelled at that time. So even then I will not be subjeccted to quota ?
Click to expand...
Did you stay out of the US for more than a year ? If not, your H1 clock is stopped at 8 months, and you have 5 years 4 months to go.

Also, as my first H1B was cancelled which was for 3 years ,will I still get 2 years and 4 months of that visa ?
Click to expand...
It depends on the next approved petition. Most likely next employer will ask for 3 years validity with their H1 petition, then you'll get H1 stamp valid for 3 years.
 
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