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Immigration Issues/Reactivating old h1b visa

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Question
My H1B visa was applied in 2007 and I worked for couple of months on that. In May 2008, I got my visa status changed to H4. In 2011, I got my F1 visa and did my Masters in Computer Science from Harvard University. Now I have following questions:

1. My previous H1b visa was valid from Oct/2007 till Sept/2010. If I want to apply for H1b now, do I have to go through cap filing?
2. As my Masters program qualify for STEM, how can it help me in H1b visa filing process? If I have a job then can I apply for H1b anytime?

Thanks in advance for your help.

Answer
Hi,

As you held H1B status at some point within the past 6 years, an H1B petition can be filed for you now requesting change of status from F1 to H1B and you will not be subject to the visa cap.

As you qualify for STEM, you can instead work for your employer (assuming that the employer is enrolled in e-verify) in STEM. The H1B petition can be filed anytime.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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