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  • H1-f1-h1

    Hello,
    My 6 years of H1 get completed by Mid of Jan 2012. My current petition is valid till Nov 2011. I am planning to go to school in June 2011 - Apr 2013. If I stay in the US till my school starts, will I be able to get back on H1 once I graduate?

  • #2
    Yes. H1B in total is for 6 years. So you can claim the period that you haven't used when you decide to get back to H1B (little more than 6 months in your case). A new petition need to be filed by your employer (that is not subjected to CAP since you are already CAP counted).
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thank you very much Shervin. So if I am eligible for OPT after graduation then will that give me a total 1.5 years?
      Secondly, will there be any difference in claiming those 6 months if I convert h1 to f1 inside US versus get it stamped outside?

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      • #4
        So if I am eligible for OPT after graduation then will that give me a total 1.5 years?
        >>> Yes.

        Secondly, will there be any difference in claiming those 6 months if I convert h1 to f1 inside US versus get it stamped outside?
        >>> No.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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