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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 03-21-2012, 10:42 PM
Junior Member
Priority Date
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Jun-11
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EB2
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India
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Join Date: Dec 2011
Posts: 11
sundarvap is just really nice sundarvap is just really nice sundarvap is just really nice sundarvap is just really nice sundarvap is just really nice
Default Urgent Help Needed

Hi ,

I have a friend who Completed 5 yrs and 10 months in H1B and the moved to F1 Status last year by April 2011. Now he is trying to apply for new H1B, since he is already in a different status for last one year. Is there any possibility that his H1B application will get approved.

Please clarify what exactly the rule says on H1B after 6 yrs of use. Whether changing the status itself will make him qualify or whether he should be going out of US is what the only option. How the status in F1 will be calculated. Since he is technically was in different status for 1 yrs , he thinks he is eligible for applying the new H1, also technically he has not completed his full 6yrs in his previous H1B term.

Any information on this will be really helpful.

Thanks!
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  #2 (permalink)  
Old 03-21-2012, 11:09 PM
Senior Member
Priority Date
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Nov-03
Category
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EB3
I140 Mailed Date
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11/10/2006
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India
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I-485
I485 Mailed Date
:
07/02/2007
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Join Date: Feb 2007
Posts: 182
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Originally Posted by sundarvap View Post
Hi ,

I have a friend who Completed 5 yrs and 10 months in H1B and the moved to F1 Status last year by April 2011. Now he is trying to apply for new H1B, since he is already in a different status for last one year. Is there any possibility that his H1B application will get approved.

Please clarify what exactly the rule says on H1B after 6 yrs of use. Whether changing the status itself will make him qualify or whether he should be going out of US is what the only option. How the status in F1 will be calculated. Since he is technically was in different status for 1 yrs , he thinks he is eligible for applying the new H1, also technically he has not completed his full 6yrs in his previous H1B term.

Any information on this will be really helpful.

Thanks!
nope. he does not qualify for a new H1. He has to go out of the country for 1 year, his best bet would be to apply for GC and once he gets the I-140 approved, he'll get 3 yr H1 extension. Till then he has to use the OPT to work in the USA.
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