Is my H1B still valid?

[IUhoosier]

Hi, 2 questions

1. I am a master student in US. Prior to starting my studies, I was working on H1. I did a change of status(COS) to F1 and have been studying on the same.
My question is when I graduate, will my previous H1 be still valid or will I have to apply for a fresh H1 and go through the quota.

2. During my studies on COS in F1, I had to travel to India due some family emergency and had to stay out of US during my F1 period(basically a break from studies of a year, I got my F1 also stamped during this period). I left US on 17th Dec of a particular year and incidentally, came back on 16th December of the next year, i.e. stayed out of US for 364 days. I learned that if you stay out of US for more than a year, you H1B loses its validity and I will have to go through the quota.
Does that matter in my case since I was outside of US on F1 and not on H1?

Whats the criteria or number of days considered for 'one year' technically
Please advise

[sharpy102]

response

Hello,

I believe, that since you already changed status from H1 to F1, the only thing you have to worry about is if your F1 is still valid, and whether you can go back to US and study. I don't think you have to even think about your H1 visa. I am almost positive you can just act as if you never had that visa since you changed from that catergory.
Good luck!

[txh1b]

1. Search for the word remainder on the forum and read the older posts for details. If you have any period left in the 6 years, you need not go through the quota process to use the rest of the H1b term.

2. Again #1 should answer this as well. You can opt to go for a "new" 6 year term by going through the new quota if you had remained outside the US for 1 full year (you don't qualify).