H4 to H1B to F1 to H1B

[Hitman]

I came to US Jan 2008 on H4. I applied for H1B and got approved. I started working from Oct 01, 2008 till Jan 19, 2009. (I got all my paystub without SSN. I got my SSN on Feb 23, 2009). As my project is complete on Jan 19, 2009, I joined a school where my status changed to F1. Last week I got a job offer.

In my PP, I have only H4 Visa. I did not go for any visa stamping after that.

Now my question is:

1) If applying for H1B, Do I have to go through lottery again? Or can I start working immediately?
2) Can I quit my studies just with one semester complete?
3) Changing status frequently, will it have any impact on GC Process or Visa Stamping?

[DMX17]

1) No. You are cap-exempt and apply for a COS to H1 anytime. You will have to wait till the COS to H1 is approved. You cannot start working before that.

2) I am not sure if I understand the question.

3) Changing status frequently by itself is not a problem. Any out of status issues may cause problems. Maintain your status.

[kabkaba]

I came to US Jan 2008 on H4. I applied for H1B and got approved. I started working from Oct 01, 2008 till Jan 19, 2009. (I got all my paystub without SSN. I got my SSN on Feb 23, 2009). As my project is complete on Jan 19, 2009, I joined a school where my status changed to F1. Last week I got a job offer.

In my PP, I have only H4 Visa. I did not go for any visa stamping after that.

Now my question is:

1) If applying for H1B, Do I have to go through lottery again? Or can I start working immediately?
No, your new employer can file a cap exempt petition immediately alongwith COS and you can start working when you get the approval. But you need to convey this to your school's DSO so that they can terminate your SEVIS record.

2) Can I quit my studies just with one semester complete?
You can study alongside the job as long as you work full time or you can quit studies.

3) Changing status frequently, will it have any impact on GC Process or Visa Stamping?
I don't know about GC, but you can explain the situation to VO for visa interview if they ask about it. It is good that you have not been out of status, it will work on your side.

Answers above.

[Hitman]

Thanks very much

Thanks very much.