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H1 - H4 - F1 - H4 - Clarification required

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  • H1 - H4 - F1 - H4 - Clarification required

    Hello,

    Please help me with the scenario I'm in. Your response/suggestions are highly appreciated.

    1) I had H1 and worked in US for 2 years (Had pay stubs).
    2) Later, had H1 for 6 months (No Pay stubs).
    3) Changed to H4 and had been on it for 8 Months
    4) Then changed to F1 and its been 8 months now. I'm on F1 currently.

    Now my questions. If I get a job and my employer is ready to sponsor me,
    1) Can I go back to H1?
    2) What is the process?
    3) What documentation is required?

    Thank you

  • #2
    If you find an employer, they can file a cap-exempt petition with immediate start date for you by showing a copy of your previous H1 approval notice.
    For change of status to H1 you will need to provide proof of maintaining your current status such as I-94 and I-20. You can only start working after COS is approved.
    This is my opinion and not legal advice.

    Comment


    • #3
      1) Can I go back to H1?
      >>> Yes.

      2) What is the process?
      >>> Employer will need to file a new H1B petition as a COS from F1 and when that gets approved, you can start working.

      3) What documentation is required?
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Do I need previous pay slips?

        Do I need previous pay slips?

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        • #5
          Not immediately but you may be asked for it later.
          This is my opinion and not legal advice.

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