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Immigration law h-1B to f-1 visa
Anonymous9 views1 answers
I am currently on F1-OPT (end date mid-Feb '09). My F1 visa is valid until Nov. 2010. My H1-B from academia is pending approval. If it is approved, the start date would be mid-Dec '08. I plan to pursue higher studies from August 2009. Pls note that the OPT extension for me is ruled out as my employer is not part of the e-verify system.
My questions are as follows:
1) How can I convert from H1-B to F1 within the US?
2) How can I convert from H1-B to F1 outside the US? what are the risks involved? I will be taking just one trip back home in 2009 whereby I would either need to have my academic H-1B stamped in my passport or have a new F1 stamp?
3) If my F1 visa is denied in my home country- India, does my valid H-1B work permit also stand canceled.
4) If my F1 is approved from home country what is my re-entry status into the US ?
1) Yes, you can apply to change status from F-1 to H-1B
2) If you wished to obtain the H-1B visa stamp outside the USA, you would apply for it at an American consulate abroad, after first making an appointment with that consulate. The risk is that if, for whatever reason, the consulate does not approve the visa application or its processing is delayed for some reason, such as a security check, you may not be able to return to the USA until the issue is resolved. It would be easier to get your H-1B stamped, but it would entirely depend on what the purpose of your return to the USA was. If you intended to return and immediately go to work, then the H-1B would be appropriate.
3) It depends on why the F-1 was cancelled. If it was cancelled just because you are no longer a student, then the H-1B should not be canceled if you are planning to enter the USA to work for the H-1B employer.
4) You would need to enter the USA using the visa appropriate to your immediate intended activity- F-1 if you are going directly to school or practical training or H-1B if you are going right to work for your H-1B employer.
