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View Full Version : I-140 approved, 6yr H1B passed, can I get H1B again from F1


justice4all
06-14-2013, 08:46 AM
Hello,
I have been laidoff with one month notice. I am in 11th yr H1B, I140 approved and planning to go to school in F1. Can I change again from F1 to H1B, if I get a job later, with my I140 approval. Some say I140 approval is used only for H1B extension not for change of status to H1B and I got to be out of the country for a year to get that H1B. Is it true??

Thanks



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Contributed so far $250

imh1b
06-14-2013, 09:28 AM
I140 can be used to get H1B extension. But it cannot be used to get a brand new H1B if you are out of H1B status into a new visa or you go out of the country. If you go out of the country you have to apply for a new H1B under quota and lottery. However after your new H1B expires you can use old I140 approval to get its extension. Going on F1 has its problems. If you were to go out of the country to get it stamped, you will have to prove that you have no permanent immigration intent. But your records show you want to immigrate via I140.

The best option is to immediately find a new job. It is not hard to find a job these days if you in a big city. The economy is doing good and people with 11 yrs experience are valued. You can do your education as part time student and earn your degree. Have confidence in yourself. Do not fall prey to consulting shops and ruin your life to save your visa. Get a proper job. You will easily get it with 11 years experience and approved I140. You are no longer under quota system and employer does not have to worry about losing you if your next 3 years on visa is over. Use it to your advantage.

justice4all
06-14-2013, 09:46 AM
I140 can be used to get H1B extension. But it cannot be used to get a brand new H1B if you are out of H1B status into a new visa or you go out of the country. If you go out of the country you have to apply for a new H1B under quota and lottery. However after your new H1B expires you can use old I140 approval to get its extension. Going on F1 has its problems. If you were to go out of the country to get it stamped, you will have to prove that you have no permanent immigration intent. But your records show you want to immigrate via I140.

The best option is to immediately find a new job. It is not hard to find a job these days if you in a big city. The economy is doing good and people with 11 yrs experience are valued. You can do your education as part time student and earn your degree. Have confidence in yourself. Do not fall prey to consulting shops and ruin your life to save your visa. Get a proper job. You will easily get it with 11 years experience and approved I140. You are no longer under quota system and employer does not have to worry about losing you if your next 3 years on visa is over. Use it to your advantage.



Thanks for your valuable advice imh1b. You mean I wont come under quota system if I have approved I140. I have been holding university H1B for 11 years and I have never been in quota before, can I transfer that H1B to corporate H1B with approved I140??

How about the grace period (how many days) after H1B canceled, so that I can peacefully search jobs?


Appreciate your reply

imh1b
06-14-2013, 10:08 AM
Thanks for your valuable advice imh1b. You mean I wont come under quota system if I have approved I140. I have been holding university H1B for 11 years and I have never been in quota before, can I transfer that H1B to corporate H1B with approved I140??

How about the grace period (how many days) after H1B canceled, so that I can peacefully search jobs?


Appreciate your reply

You have a quota exempt H1B right now. To move to Quota H1B you will have to come under quota. I140 or not.

There is no defined grace period in the law, but 15 days is usually good. If it gets longer, it is all on the discretion of the visa officer to determine your overstay/illegal stay. It will affect you in your future immigration petitions. Another example is say you got your new job after 3 months of searching, your H1B petition will be denied because you will not have pay stubs for 3 months.

Best option is to immediately look for a job. Even though it narrows your job type it is not that hard. Just try in every state of the country and and every city. Spend 24/7 on job search and someone somewhere always has a need and is ready for immediate hire.