H1B to F1 to H1B

D

deepakbagr

Registered Users (C)
I was on H1 and switched to F1 and now I got a new job offer.

Q1- Do I have to worry about the quota ?

Q2- If I don't come under quota will it be new h1b or h1b transfer?, do I have to worry about pay stubs in this case ?


Q3- Can I apply for a new H1b if I don't want H1B transfer ?

Any response will be appreciated
 
Dont Confuse others !

deepakbagr said:
I was on H1 and switched to F1 and now I got a new job offer.

Q1- Do I have to worry about the quota ?
Why dont you use OPT valid for one year which you will get on F1 visa? To swith to H1 staus, You are counted againt Quota as you are NO LONGER maintianing H1 status as you switched to F1
Q2- If I don't come under quota will it be new h1b or h1b transfer?, do I have to worry about pay stubs in this case ?
You come under Quota. It's Fresh H1.
Q3- Can I apply for a new H1b if I don't want H1B transfer ?
You CAN'T do H1 transfer as are NO LONGER maintianing H1 status as you switched to F1


Any response will be appreciated
Click to expand...

What's your present Visa staus? H4 or F1. You are providing conflicting input to boards. You asked before H4 to H1. Right?
One thing, you have to understand is, this forums are for getting needy help and should be benefitted to other 'silent' members.
 
First of all I don't intend to confuse others, I question about H4 was for one of my friends who has asked me so I posted here.

I already got my masters here and this is related to my case here. So I can't get OPT.

Sorry for any confusion.
 
You can get the answer in "www.murthy.com" in the chat sessions of March month.

You won't be subjected to the H1-B cap as you were already subjected to the cap once in the last 6 years.
 
Update from Murthy Chat. ---

Chat User : I am currently on H-1 status and still have the validity of the H-4 visa stamped in my passport. If I exit and enter the U.S. on the H-4 visa, what will happen to my H-1?

Attorney Murthy : A person who chooses to reenter the U.S. on H-4 status has decided to forsake H1B status and supersede it with H-4 status so that s/he will revert to H-4 status and is no longer allowed to work legally in the U.S. until and unless another H1B petition is filed after reentering to work for the H1B employer or a new H1B-sponsoring employer. The person arguably is not subject to the H1B quota, however, since s/he filed an H1B within the last 6 years.
 
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