Legal Question in Immigration Law in California

H1B to F1 - and back to H1B

This is my first year of H1B, but I want to pursue my academic career after quitting my current job.

If I go back to F1 status, will I be still eligible to apply for H1b? If so, will I be able to hold the next H1b for the remaining years of my current H1b? (e.g. if I worked about 6 months with my H1b, will I be able to hold my next H1b for the remaining 5.5 years?)

Thank you in advance.


Asked on 3/04/08, 8:01 pm

1 Answer from Attorneys
Janet Greathouse Greathouse Law Firm

Re: H1B to F1 - and back to H1B

If you mean whether you can hold an H-1B visa number so that you wouldn't need to worry about the H-1B cap in the future, the answer is no.

Once you change your status to F1, if you wish to change to H-1B later, it would be considered a new H-1B and hence would be subject to the cap.

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Answered on 3/05/08, 1:06 am


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