H1 reapplication rule after changing from H1 to F1 &less than a year stay outside US

[ankur80]

Hello All,

Thanks for having a look at my posting. I am recent MS graduate currently on F1.

Here is my situation :

Feb 14 '04 to Aug 09 '05 : 1.5 years (approx) continuous uninterrupted stay in US on H1 B through my employer in India.

Aug 10 '05 to Jan 12 '06: 4 months continuous stay in India.

Jan 13 '06 to Dec 26 '06 : 1 year (approx) continuous uninterrupted stay in US on F1 ( student at Mason)

Dec 27 '06 to Jan 19 '07 : 1 month continuous stay in India.

Jan 20 '07 till present : 9 months (approx) continuous stay in US on F1. Currently on OPT. My OPT expires Aug 4, 2008.

SO basically since the last date of my stay in US on H1 ( Aug 09, 2005) I have never been out of US for a time equal to or greater than 1 year.

Question : I have come to know that next year my H1 B application will have certain advantages, like:
(Note : My H1 next year will be "not" be filed by the same employer with whom I worked the first time on H1)

a. My employer can file my H1 anytime of the year ( but before OPT expires), not necessarily by April 1, 2008.
b. My H1 application will not be dependent on ( or counted against) H1 quota ( General or Masters ).
c. My employer can file H1 anytime and once approved I can start working anytime not necessarily from Oct 1, 2008.


Is that true ? I would really appreciate if some one can throw more light on my situation.

Thanks so much !