Unique H1 constraint

A

aj_rules

New Member
Hi,

I had a H1 visa issued in April of 2002 after working on OPT for 1 year and was working on the H1 till Aug '02, when I got laid off. I then applied for a F1 visa to go back to school and have been studying till now. If I were to reapply for a H1 now, would I fall under the new regulations or would I be considered as a current H1 (since I may not be eligible for a full 6 years)? Any assistance would be greatly appreciated.

Thanks in advance.
 
if you are not presently on a H1B you will come as a new applicant ...

(the usual disclaimer: pls consult a proffessional)
 
You probably do not fall under the cap since you had an H1b in the last six years. Although you will need to apply for a new H1b, your attrney can refer to your previously held H1b to make sure it is not counted towards the cap.

Note however, there are a few exceptions. For example, if you were the benificiary of an H1b for a research position at a University that was not counted towards the cap then a new H1b will fall under the cap.

The new regulations have been published widely so you should have no problem finding the correct information.

Please check with an attorney for more information.
 
aj_rules

AJ_RULES,

My friend is on h1 and wants to transfer to f1. Since you did that can you please write to me about the procedure & documents required for Change of Status from H1 to F1? I'll send you my email ID in a private message.

Thanks in advance.
 
You must log in or register to reply here.
Top