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recapture h1b time, but very complex situation, please help.

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  • recapture h1b time, but very complex situation, please help.

    l got h1b approval in 2006 for first three years. i have 7 months to recapture in that 3 years as i traveled to my country. then second approval from 2009 to 2011. and i have 11.5 months to recapture in that period. i did my masters in computer science from usa and have used my opt already. now the only way i can come back to USA is on F1 again. then apply for change of status to h1b again and recapture that 18.5 months.

    do i have to complete the second masters degree in usa and then apply for recaptureing of my remainder h1b time. or as soon as i enter usa on f1, i can ask employers to file for h1b without completing my second masters degree. because i cannot afford 50-60 lakh rupees on second masters and another 2 years time as i am already 46 years of age?
    i also need my employer to apply for my Green card, what should i do in that regard, i am married with kids. so that i can be tension free from these non immigrant visas.

    In 2016 i came back to usa on f1 (second masters Mpa degree)again but completed one semester but again due to personal reasons went back to my country.

    what is the best strategy i can follow. please guide me. any person who can suggest me a nice indian consulting company (person) who help me.

  • #2
    If you return on F1 and then change to H1 without completing your course, USCIS may deny the 797 or issue one without the I-94 (which means you need to go to the consulate and explain why you applied for F1 and changed immediately before even completing the course). Most likely you will get rejected.

    Your best bet is to find a sponsoring company and have them file an H1 based on the unused time / recapture. They should also be willing to start your green card process right away so you are eligible for extensions (Perm should be pendingfor atleast 365 days)

    Don't waste money on another degree only to enter the US and not with any intention to complete it.

    Opinion only. Cannot be construed as legal advice.