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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108620
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I was on H1b visa until January 2016. After that i changed

Customer Question

I was on H1b visa until January 2016. After that i changed my visa status to F2 visa from H1b. Now i got a job offer from a company.
Can the company file a cap exempt H1b and change my status from F2 visa to H1b visa?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Jonathan. Welcome back. I have some questions for you. Please answer ALL of them:

1) How long were you on the H-1B previously? 3 years? 6 years? More than 6 years?

2) There are a number of previous questions that I have answered for you that you have never left a positive rating for me and thus I was never compensated by the website. Is there any particular reason why you don't want the website to compensate me? It doesn't cost you anything. You can go back and leave positive ratings for me now if you like and it doesn't cost you anything additional to do so. Here are the question links:

http://professional.justanswer.com/chat/index/349d1c5dc47f41ae9c91b0b6e3049d03

http://professional.justanswer.com/chat/index/834e711b53a54f6fae124c40307cdc6d

http://professional.justanswer.com/chat/index/8b06681641e6406cb23c19b9e42bd2d2

Please let me know. Thank you.

Customer: replied 11 months ago.
I have been on H1b for 3.5 years.
Customer: replied 11 months ago.
I have still 2.5 years left on H1b visa
Customer: replied 11 months ago.
I am unable to view those links...it says access denied
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I see one worked. I sincerely ***** ***** If you do not leave stars to rate, we experts are never compensated and since we don't receive a salary, it is like we worked for free. If you do not see the stars, you may have to click on the name of the expert. Anyway, as to your question...

YES, you can file a cap exempt H-1B because you have been counted against the cap within the previous 6 years. So you can file a new H-1B petition now to get back into H-1B status and not have to worry about the cap.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Customer: replied 11 months ago.
how different is this from H1b transfer? is it only that i can work after the h1b is approved?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Unfortunately, that's the main difference. You can only work once the H-1B is approved. However, you can do Premium Processing to get a decision within 15 business days. Here is a link:

https://www.uscis.gov/forms/how-do-i-use-premium-processing-service

I see that you left positive ratings for the other questions. Thank you!

Let me know if you need anything else, but please do not forget that positive rating on this question. Thank you!

Customer: replied 11 months ago.
okay sounds good!
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

My pleasure, but please don't forget to click on 3 or more stars or the website won't compensate me for helping you. Thank you!

Customer: replied 11 months ago.
are there any restrictions of change of status from F2 to H1b? Like can i change my status as soon as i arrive in united states or have to wait for certain amount of time?
Customer: replied 11 months ago.
i know there are guidelines though is there any chance of rejection?
Customer: replied 11 months ago.
also what are the documents needed for filing fresh h1b petition that is cap exempt?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Since you are cap-exempt, you don't have to wait any length of time to file for the change of status to H-1B.

As to change of denial, there is never a guarantee, but as long as you meet the requirements for the H-1B, you should be approved.

It is identical to filing an original H-1B. You need an LCA, proof you have the required education, proof that the company has a position available that requires a bachelor's degree at least, that they need someone in that position, that they will pay the prevailing wage and that they can afford to pay the prevailing wage.

Please don't forget the positive rating on this one. It is important. Thank you!

Customer: replied 11 months ago.
I have one more question i was terminated on november 30th itself. My last day of working was november 30th.Though as per an agreement they paid me the severence pay as regular pay checks till January 31st. Till what date was i on H1b visa?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Technically, since November 30th, but since USCIS normally asks for paycheck stubs to prove until when you were on payroll, you may be able to get away with proving that you were employed until January 31st. They may not ask for anything else as proof.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Jonathan. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Customer: replied 11 months ago.
will i have to travel outside the country and return back after the H1b is approved? Will it come with an i-94 or without an i-94?
Customer: replied 11 months ago.
Sorry,I am not done with this yet so i have not rated this answer yet
Customer: replied 11 months ago.
I will be able to rate this answer only if you answer this
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

If your change of status is approved, you would not have to leave the U.S. to come back in. They should give you a new I-94 with the change of status from F-2 to H-1B.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is click on my name and they will come out. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello Jonathan. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I can't believe you, Jonathan. Thanks and good luck.

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