|Subject: Re: H1 to F1 to H1 question
||Posted on: work permit while it is processing. Of course your Priority Date (date
> I have a H1 visa that will finish its 6 yr term in Sep 2010. I wish to
> pursue a full time MBA next year and my visa will get changed to F1.
> Once I am done with my MBA and apply for a new H1, will the H1 still
> have a year of work left on it or will it reset to a new 6 yr term ?
> ( Will I have enough time to apply for a green card with the new
> employer ? )
The H-1 time will be preserved, but your employer will have to apply as
you said. In the application for H1 there is a section to show your
time on H1 previously. You should keep all of your travel records going
back to your first H1 to prove this without some kind of question. You
surely need to be in approved status at all times during this process.
To the best of my knowledge, you must be out of the US for a year to
have the H1 reset.
If a company files for a Labor Certification and it is approved before
your final year of H1 is expired, I THINK you could apply for the green
card directly,(file for green card AND company applies for I-140) get a
work permit while it is processing. Of course your Priority Date (date
the Labor Certification is entered for processing) would have to be
At this time, Master's degrees are current. But I have read somewhere
that the USCIS is planning (thinking) to go back to the apply for I-140
authorization and then allow you to file for a green card. So then it
depends on how long it takes them to process the I-140.
Seems too tight. If you had some kind of OPT after your degree, maybe
time, but I don't know much about that.
Good Luck and Happy Holidays
another bob, not a lawyer, just an other ...