Change of H1 status -> F1 status -> H1 status

[kalps7]

Hello,

1) I came to USA on F1 Visa for my MS, I did not graduate and applied for OPT.

2) After 1 year OPT, I applied for H1B and worked on it for 2 years (2006 & 2007). After that I went back to India for my wedding and stayed there for 2.5 years.

3) This year 2010, I tried to come back to USA but I was sent back to India at the port of entry (POE) because I could not show the Job Client Letter. The Officer at POE said that I will be able to reenter USA only if I get a new Visa (any) from the US Embassy in India.

4) Since it was difficult to get H1 Visa again without a Client Letter, I decided to come back on F1 to finish my pending MS program.

5) And I came back on F1 to USA without any problems and I will be graduating this Dec, 2010.

6) I want to go back on H1B again.

7) After graduation, I will have 60 days grace period to find a Job and H1 filing. Otherwise I will be out of status.



Questions:
---------

a) Will I be able to continue/renew my previous H1B? I already used 2 years of it. If YES, can I renew it in Jan 2011? Otherwise can I renew it this year before Oct 2010?

b) If NO, do I have to apply for new H1B altogether? When can I apply?



I am stuck up with this kind of situation. Please kindly help me out. Your help will be greatly appreciated.

Thank you.

[shervin143]

a) Will I be able to continue/renew my previous H1B? I already used 2 years of it. If YES, can I renew it in Jan 2011? Otherwise can I renew it this year before Oct 2010?
>>> Yes. Your employer can file a COS to H1B using the CAP from the previous H1B petition. Once that gets approved, you can work on H1B. You will get only the remaining period on that CAP.

b) If NO, do I have to apply for new H1B altogether? When can I apply?
>>> You can also apply a new H1B under a new CAP. You can apply as long as the CAP remains open.

[kalps7]

Change of H1 status -> F1 status -> H1 status

Thanks a lot for your reply.