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  • H1B Activation

    I got H1B Visa in Oct 2018 valid till Sep 2021 and Joined the employer. If I have two pay stubs and I decide to switch to F1 Visa, will my current employer or any other employer be able to file Non Cap F1 to H1B for me in 2022?
    If two pay stubs (1 month) is not sufficient, what is the minimum duration that I need to work for employer to keep my H1B valid?
    I genuinely want to go for PhD but I don't want to loose my H1B that I got now and start over again in case I get opportunity later!

  • #2
    Similar situation

    I currently work for Employer A. In 2017, Employer B had applied for H1B and that petition got approved. I never joined Employer B and will be working with Employer A.

    Q: Can a not subjected to CAP application be submitted by Employer A given that an H1B petition was approved in last years CAP. I do not have the original receipt number or the approval notice.

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    • #3
      Originally posted by irachinmay View Post
      I got H1B Visa in Oct 2018 valid till Sep 2021 and Joined the employer. If I have two pay stubs and I decide to switch to F1 Visa, will my current employer or any other employer be able to file Non Cap F1 to H1B for me in 2022?
      If two pay stubs (1 month) is not sufficient, what is the minimum duration that I need to work for employer to keep my H1B valid?
      I genuinely want to go for PhD but I don't want to loose my H1B that I got now and start over again in case I get opportunity later!
      There is no requirement that you need to have x number of payslips. As long as you have been counted under the cap within the past 6 yrs., your new employer can file a cap exempt petition for you.
      Just an opinion; Not legal advice.

      Comment


      • #4
        Originally posted by scientist2016 View Post
        There is no requirement that you need to have x number of payslips. As long as you have been counted under the cap within the past 6 yrs., your new employer can file a cap exempt petition for you.
        Hi scientist2016.. Will it apply to my situation as well?

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        • #5
          Thank you for your input.

          Originally posted by scientist2016 View Post
          There is no requirement that you need to have x number of payslips. As long as you have been counted under the cap within the past 6 yrs., your new employer can file a cap exempt petition for you.
          Thank you for your input.

          Comment

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