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Term on H1B? after F1 status which is after H1B 6th yr

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  • Term on H1B? after F1 status which is after H1B 6th yr

    Hello, I initially started in the US on F1 then changed to H1B. My 6th year of H1B expires in a few months and my employer has not been able to file my GC so I dont have a chance to extend my H1B after 6th year, So if I get admits from universities and go to school fulltime on F1, after my graduation if I find an employer willing to sponsor my H1 would I get a full term H1B (that is initially 3 years). All this while if I was living in the US itself.

  • #2
    Your approach is flawed. To qualify for a new H1b term of 6 years, one has to remain outside US for 1 full year.

    As an alternative (Which has flaws as F1 does not allow immigrant intent), if you can find a GC sponsor now that can apply for a labor, you can change to F1, have them apply for labor, let the labor age out or have an I140 approved based on which you could return back to H1b at a later date with a 3 year extension.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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