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Posted on 08 Mar 2012
Q.

F1 after H1B + I140 + Outside US stay: Post-study H1B options

Hi Michael,

A quick recap: I did MS, then worked on H1B. Got my I-140 approved, didn't apply I-485. Quit my job and moved to India; have been here 2 years. Now want to do MBA at Cornell. I still have 2.5 years left on my old H1B authorization.

(a) I believe I can either recapture remaining H1B time or file a fresh 6-yr petition - correct? Is there an end date by when I can recapture?

(b) If my F1 gets approved, I assume my old H1B visa will be cancelled automatically - correct? If so, will my H1B authorization also be voided? This means I cannot recapture my H1B time - right?

(c) My old H1B was counted against the cap in 2006. I worked till 2010. If, after graduation in 2013, I go for a fresh H1B, will it again be counted against the cap?

Appreciate your help. Thanks
- Ram

User's Location: India
Category: H1B Visa (Work Visa)
Posted on 08 Mar 2012
A.
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Michael Ryvin
Immigration Lawyer
Ryvin Wallace Group
(415) 765-0679

www.ryvinwallacegroup.com

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