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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105123
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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My h1b will be expired next week, I want to stay in US to find

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My h1b will be expired next week, I want to stay in US to find a new job, but there is no quota now. Should I change to B1/B2 or F1?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

How long were you on H-1B? Was your original H-1B cap-exempt or were you counted towards the cap before?
Customer: replied 3 years ago.

My h1b is from 11/2010 until 9/30/2013. I know if I can find an new employer before 9/30, I can transfer cap-exempt, but unfortunately, I can't find one right now. I want to stay in US to look for jobs, so I need a valid visa to stay until next April, I don't know which visa is better, B2 or F1, if I want to change back to H1 finally. Thank you

Then yes, you can go from H to F or B, and if you find a new H job, they can file for you and it will not be cap-exempt, but the "bridge" in between the old H and the new H would have to be approved for you to be covered. So that is where you have to be careful. If the bridge is not approved, then you would have to go outside of the U.S. for H-1B stamping. If you already have an H-1B visa in your passport, you may be able to go to Canada or Mexico for stamping, but if you do not, you would have to go to the U.S. Embassy or Consulate in your home country.

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