COS - F1 to H1b from India

[akanaka]

My brother lost his job in 2009 in H1b visa status. He had used only 2.5 years of his H1b. He transferred to F1 visa just before his job ended. He took classes for about a year and then went back to India in F1 status a few months ago. If a employer is willing to offer a job can he get into his old H1b visa and return to US.

[shervin143]

The new employer will need to file a new H1B using the CAP from his previous petition. When the petition gets approved, your brother can re-enter U.S using the approved H1B petition and a valid H1B visa.

[akanaka]

Thanks

Thanks Shervin