How to go from F1 to H1B to F1 to H1B again?

[axient]

Hello guys,

This seems to be one unique situation, i came to USA on F1 visa then converted to H1B. But lost my job in 2008 and lost my H1B too after working on H1B for 11 months. I went back to my home country and came back to USA again on F1. Currently i am on F1 for around 1.5 years. Now here are my questions:

1) Since i only used my H1B for 11 months, it still have valid date. Is it possible to use my previous H1B to start working with out waiting for October 1 start date?

2) If yes in question 1, what is the process to reuse my previous H1B?

Thanks,
Sakya

[shervin143]

1) Since i only used my H1B for 11 months, it still have valid date. Is it possible to use my previous H1B to start working with out waiting for October 1 start date?
>>> Yes.

2) If yes in question 1, what is the process to reuse my previous H1B?
>>> Any employer should be able to file a new H1B petition on your behalf as a COS from F1 using the CAP from the previous approval notice (Give them a copy of the previous H1B approval notice) and request an immediate start date. Upon approval of the H1B petition (Should come with a new I-94), you can start working for the H1B sponsor as of the H1B effective date.

[axient]

1) Since i only used my H1B for 11 months, it still have valid date. Is it possible to use my previous H1B to start working with out waiting for October 1 start date?
>>> Yes.

2) If yes in question 1, what is the process to reuse my previous H1B?
>>> Any employer should be able to file a new H1B petition on your behalf as a COS from F1 using the CAP from the previous approval notice (Give them a copy of the previous H1B approval notice) and request an immediate start date. Upon approval of the H1B petition (Should come with a new I-94), you can start working for the H1B sponsor as of the H1B effective date.

Thanks shervin143 for prompt reply. Here is what i understand from your reply, correct me if i'm wrong.
- I should find a company who will sponsor my H1B and while applying for H1B i should also provide my previous H1B papers, correct?
- Will this be a new H1B application or transfer application?
- Can i start working after i get receipt number after paying $1000 for fast processing?

I appreciate your help in this matter.

Thanks,
Sakya

[shervin143]

- I should find a company who will sponsor my H1B and while applying for H1B i should also provide my previous H1B papers, correct?
>>> Yes.

- Will this be a new H1B application or transfer application?
>>> New H1B petition under the H1B CAP from the previous H1B approval notice. So no need to go through a new CAP and wait until Oct 1st to start working.

- Can i start working after i get receipt number after paying $1000 for fast processing?
>>> You need to get the H1B approved as a COS for you to start working. You cannot work with the receipt notice. There is a premium process available for an additional $1250 which will get you the result within 15 days.