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H1b extension after gap question

Original Post

My h1b began in October 2015. I quit my job this july and filed for change from h1b to f1. Approximate processing time is 8 months, so I will have my f1 status sometime around April 2018. After completing my masters, I will go back to h1b again. If so, how much time will I have remaining on my h1b before I have to apply for an extension? Will it be 6 months or 3 years?

mike_tyke21
Oct 31, 2017 5:52 PM · 18,292 views
5 Replies
mike_tyke21 Nov 1, 2017 7:05 AM
anyone?
maxpayne Nov 1, 2017 8:12 AM
When you go to f1 your H1 status will terminate. Then when the time comes you will apply for the lottery and be given expiration dates on the h1 notice. Are you assuming you can just change your status from F1 to H1?
mike_tyke21 Nov 1, 2017 10:35 AM
@Maxpayne, not sure what you mean. Since I have only used ~2 years of h1b, why would I be subject to a quota when I reapply for h1b? But that's out of topic. What I wanted to know is when one reapplies for an h1b after a break, what's the usual duration of the visa granted, is it 3 years or the remaining time on the original 3 years granted?
mike_tyke21 Nov 1, 2017 10:37 AM
@Maxpayne, not sure what you mean. Since I have only used ~2 years of h1b, why would I be subject to a quota when I reapply for h1b? But that's out of topic. What I wanted to know is when one reapplies for an h1b after a break, what's the usual duration of the visa granted, is it 3 years or the remaining time on the original 3 years granted?
sara_solta11 Nov 1, 2017 11:06 AM
Mike_tyke21, As far as I know if one does not use complete 6 yrs of H1, s/he is cap exempted next time they reapply for H1 (As of current rule, never know what it will be in future). In your case next time you apply/activate your H1 you should be getting max for 3.5 yrs but it depends on immigration officer that has your petition and the type/length of your job. But it is must to have sponsor to re-apply for H1B after you finish your masters. But how wise it was to move from immigrant visa (H1B) - non-immigrant visa (F1)? Are you sure that after completing your masters you will have employer to sponsor you? I hope you have solid plan to get back to H1. If you have a plan to stay here for long time, you should have started GC processing not other way. You could go for masters any time but getting H1 and moving to GC going to be difficult with current situation. I wish you good luck for your grad school. P.S: Above is not legal advice, just my opinions.
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