H1 to F1 to H1 need guidance

[erw123]

Hi

I am currently in H1 visa and for the past two years i was working with the same employer and in H1 status. i was planning to join MBA in 2013 class but missed out and planning to apply again next year. Now this is where i have some confusion, if i join the MBA classes next year and complete it by 2016, by the time i complete the classes it would be five years since i started working in the country.

If i want to start working again in US and when the H1b is filed will the time i stayed before F1 status and the time i was in the F1 status be counted for five/six years H1B limit?

IF yes, is there any alternate way to solve the problem?

[raghvi]

Hi

I am currently in H1 visa and for the past two years i was working with the same employer and in H1 status. i was planning to join MBA in 2013 class but missed out and planning to apply again next year. Now this is where i have some confusion, if i join the MBA classes next year and complete it by 2016, by the time i complete the classes it would be five years since i started working in the country.

If i want to start working again in US and when the H1b is filed will the time i stayed before F1 status and the time i was in the F1 status be counted for five/six years H1B limit?

IF yes, is there any alternate way to solve the problem?

AFAIK time spent in F1 status is not counted towards the H1 6 Year limit.

This is my opinion not legal advice.

[erw123]

AFAIK time spent in F1 status is not counted towards the H1 6 Year limit.

This is my opinion not legal advice.

Thanks for the information raghvi, so time spent on h1b prior to f1 and after f1 will counted for 6 year cap right?

[Nilendu]

If i want to start working again in US and when the H1b is filed will the time i stayed before F1 status and the time i was in the F1 status be counted for five/six years H1B limit?

>>> No the time you spend in F1 will not count against your total 6years of H1. And you wont be counted against the 65k quota either when you file a F1-H1 transfer after 2016.

IF yes, is there any alternate way to solve the problem?