H1B Timing Query

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Old Jan 14th 2006, 2:50 pm
  #1  
Shyam Madhavan
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Default H1B Timing Query

Shyam Madhavan
Jan 13, 11:17 am show options

Newsgroups: misc.immigration.usa
From: "Shyam Madhavan" <[email protected]> - Find messages
by this author
Date: 13 Jan 2006 08:17:41 -0800
Local: Fri, Jan 13 2006 11:17 am
Subject: H1B question
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Hi all,
I had a question on H1 B. Currently I have my first 3 year slot ending
May 2006.
I am planning to get my next slot of 3 years from May 2006- May 2009.
But I have question. What happens to the time if after one year (
argument sake say May 2007) ; I decide to join School and change from
H1 to F1. Do I loose my remaining (2) years of H1 as it is time
stepulated from 2006 to 2009? Or do I still have the remainig 2 years
of H1 ( as I changed my status from H1 to F1) ? Or Can I get a one year
H1B for my second quota instead of three years ?

Thanks in advance
 
Old Jan 14th 2006, 8:39 pm
  #2  
Kevin Keane
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Default Re: H1B Timing Query

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Shyam Madhavan wrote:

    > Shyam Madhavan
    > Jan 13, 11:17 am show options
    >
    > Newsgroups: misc.immigration.usa
    > From: "Shyam Madhavan" <[email protected]> - Find messages
    > by this author
    > Date: 13 Jan 2006 08:17:41 -0800
    > Local: Fri, Jan 13 2006 11:17 am
    > Subject: H1B question
    > Reply | Reply to Author | Forward | Print | Individual Message | Show
    > original | Remove | Report Abuse
    >
    > Hi all,
    > I had a question on H1 B. Currently I have my first 3 year slot ending
    > May 2006.
    > I am planning to get my next slot of 3 years from May 2006- May 2009.
    > But I have question. What happens to the time if after one year (
    > argument sake say May 2007) ; I decide to join School and change from
    > H1 to F1. Do I loose my remaining (2) years of H1 as it is time
    > stepulated from 2006 to 2009? Or do I still have the remainig 2 years
    > of H1 ( as I changed my status from H1 to F1) ? Or Can I get a one year
    > H1B for my second quota instead of three years ?

Technically, you are supposed to be able to simply continue the H-1B for
another two years after switching back from F-1.

In real life, though, it is my understanding that USCIS would count you
against the quota again. You would still only have two years.

My FAQ site at http://www.kkeane.com has more details on when the clock
starts, stops and resumes.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Jan 14th 2006, 11:00 pm
  #3  
Shyam Madhavan
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Default Re: H1B Timing Query

HI keane,
Your answer has been most helpul and clear.
I was wondering that if I can get 1 year H1 B instead of 3 years slot ?
Is that possible ?
Are there any pros and Cons to it.
Thanks a million in advance.
 
Old Jan 14th 2006, 11:11 pm
  #4  
Kevin Keane
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Default Re: H1B Timing Query

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Shyam Madhavan wrote:

    > HI keane,
    > Your answer has been most helpul and clear.
    > I was wondering that if I can get 1 year H1 B instead of 3 years slot ?
    > Is that possible ?

Yes, you can simply request an earlier start date. But why would you? Just
apply for the three years. If you change from H-1B to F-1 after a year, it
will still only count as one year. There is really no benefit to filing a
shorter H-1B.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Jan 16th 2006, 6:20 am
  #5  
Kevin Keane
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Posts: n/a
Default Re: H1B Timing Query

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Kevin Keane (see Web site for email) wrote:

    > Shyam Madhavan wrote:
    >
    >> HI keane,
    >> Your answer has been most helpul and clear.
    >> I was wondering that if I can get 1 year H1 B instead of 3 years slot ?
    >> Is that possible ?
    >
    > Yes, you can simply request an earlier start date. But why would you? Just
    > apply for the three years. If you change from H-1B to F-1 after a year, it
    > will still only count as one year. There is really no benefit to filing a
    > shorter H-1B.

Ooops. Typo that distorted the meaning: of course I meant to say, you can
simply request an earlier END date.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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