H1B to F1 process?

[shardul@12]

Hi,

I need an information about the process for converting H1B to F1 in below scenario:

I'm currently working in USA on H1B from past 1.3 years and would be returning back to my home country, India in next week due to end of Project Assignment. I wish to do Masters degree later on.

1. Is it possible to transfer H1B to F1 from India? If so, what is the process for it in 2 cases : before expiry and after expiry?

Note : H1B Visa expiring in August 2018 and extension not filed yet


2. Once I'm done with my Masters,

i) Would I be able to re-use my remaining period of H1B i.e 4.7 years ?

OR

ii) A new H1B needs to be filed, once again waiting for my name to be picked up in Lottery?


Would really appreciate responses to my above queries

Thanks.

[scientist2016]

Hi,

I need an information about the process for converting H1B to F1 in below scenario:

I'm currently working in USA on H1B from past 1.3 years and would be returning back to my home country, India in next week due to end of Project Assignment. I wish to do Master's degree later on.

1. Is it possible to transfer H1B to F1 from India? If so, what is the process for it in 2 cases : before expiry and after expiry?

Note : H1B Visa expiring in August 2018 and extension not filed yet


2. Once I'm done with my Master,

i) Would I be able to re-use my remaining period of H1B i.e 4.7 years ?

OR

ii) A new H1B needs to be filed, once again waiting for my name to be picked up in Lottery?


Would really appreciate responses to my above queries

Thanks.

1. H1B is a status you have in the US. Once you leave the US your status ceases to exist too. So there is no "transfer of H1B to F1" from outside the US. You would apply for a F1 just like any other student wishing to study in the US.

2. i. Yes, provided it is within 6 yrs. from the date you were on a H1 the last time.
2. ii. No. An employer can file a cap exempt petition, once again provided it is within 6 yrs.

BTW this cap exempt petition is just an option, meaning you can decide to go through the lottery anyways. The advantage there would be that you will get the full 6 yrs. provided you were outside the US for at-least 1 yr. from the date you were on H1 the last time.