Having H1B and F1 together

[vachawla]

Hi all,

I had received my H1B in 2010 and got the same renewed in 2013. I did not travel for around half the duration of the 1st 3 year segment 2010-2013 and have not traveled to United Stated since renewal in Nov, 2013.

I am planning to go to US next year on F1 visa. I need to understand the following:
1. If the time spent on F1 will be reduced from the overall 6 years permitted on H1 visa
2. Additionally, once I complete the study program can I get an employer to sponsor H1 for me while being visa exempt provided this is done prior to petition expiry in Oct,2016 or will I have to undergo lottery post the 29 month period permitted on F1 to work
3. Will I be able to recover the entire time frame not spent on H1 in US, out of the permitted 6 years or is the recovery for time not spent in US capped at 1 year when I file for the same

Appreciate your responses on the same. Apologize if the questions are really basic

Thanks
Varun

[raghvi]

Hi all,

I had received my H1B in 2010 and got the same renewed in 2013. I did not travel for around half the duration of the 1st 3 year segment 2010-2013 and have not traveled to United Stated since renewal in Nov, 2013.

I am planning to go to US next year on F1 visa. I need to understand the following:
1. If the time spent on F1 will be reduced from the overall 6 years permitted on H1 visa
2. Additionally, once I complete the study program can I get an employer to sponsor H1 for me while being visa exempt provided this is done prior to petition expiry in Oct,2016 or will I have to undergo lottery post the 29 month period permitted on F1 to work
3. Will I be able to recover the entire time frame not spent on H1 in US, out of the permitted 6 years or is the recovery for time not spent in US capped at 1 year when I file for the same

Appreciate your responses on the same. Apologize if the questions are really basic

Thanks
Varun

What was the last date when you were in US on H1 payroll?
1. No. Only time spent in L1 or H1 is counted.
2. You will cap exempt for 6 Years from your last held H1 date.
3. Your employer an try to recapture entire time spent out of the US from the 6 Years provided they can show genuine work requirement for you.

This is my opinion not legal advice.

[vachawla]

What was the last date when you were in US on H1 payroll?
1. No. Only time spent in L1 or H1 is counted.
2. You will cap exempt for 6 Years from your last held H1 date.
3. Your employer an try to recapture entire time spent out of the US from the 6 Years provided they can show genuine work requirement for you.

This is my opinion not legal advice.

thanks for the information. Last time was on US payroll in Nov, 2013

[sivaarc]

sending h1b employee home country for KT

One of my friend working in US in H1b visa and he has a valid stamping until 2017. His employer planing to send him to India for training and knowledge transfer for a project to India . This assignment is for two
months. Is this okay to travel outside US (home country) more than two months?