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Posted on 01 Jan 2012
Q.

F-1 to H-1B

I entered the US in 2003 on an F-1 visa and then transferred to H-1B in 2005. In 2010, I went back to F-1 to earn an MBA at Cornell. Mid-way through the program, I took an 18-month leave of absence to work full-time at a startup abroad. I'll return to Cornell in Fall 2012 to finish the final semester of the MBA.

I've already used up the OPT in 2005. Assuming I land a full-time offer this Fall, will I need to leave the US and then return on a "new" H-1B in October 2013 to begin work or can I seek to be re-admitted for the "remainder" of the initial six-year admission period without being counted toward next year's H1-B cap? I have roughly 18 months remaining on the earlier H1-B.

User's Location: Ithaca, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 04 Jan 2012
A.
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Andrew M. Wilson
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Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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