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Thread: Immigration Law Question: h1b problem? if am out of status for 4 months on F1

  1. #1
    hi

    i was F1 student in a university with X sevis number and gone out of status for 4 months. then i took i20 with Y sevis number(new sevis) from different university and went to home country and came back to usa on new sevis and new i94 card. And i completed my masters on new sevis and right now on OPT.

    my question is

    1)is there any problem in future( like while appying H1b and Green card) since i am out of status for 4 months on F1 Status?

    2)i am planning to apply for h1b next year through my direct client with whom i am working now? whats the pros and cons i can expect after applying for H1b regarding F1 out of status and Status on New sevis number right now.

    hope some one can help me out....


    Thanks
    K

  2. #2
    Hi, welcome to the forum.

    May I suggest that you change your op title to include "immigration law Question." This way you will get honest answers from forum members.

    As to your question, if you are on OPT, you are still in status for the F visa until that OPT is completed. In the meantime, the prospective employer through the OPT should be the one to apply for the HIB.

    As for the expectations, once you are on the H1b through your employer, your status as an H1b is linked with that employer. Changing employers through the H1b is difficult, given the nature of the eoonomy. That same employer will sponsor you for the Work related Green Card. Depending on which country you are from the wait time can be moderate to long. If you apply the green card through family, ie a USC sponsoring you, your wait time is a lot shorter.

    this site provides what the process is like.

    Hope this helps.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  3. #3
    since i was out of status previously for 4months, will that effect my future h1b and green card processing?

    Thanks for the reply Hudson

    Thanks
    K

  4. #4
    Its under 180 days, so it should not be a problem.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  5. #5

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