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F1 to H1B1 Visa - am i still able to resume studies later?

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I am currently a student on an F1 Visa. Is it possible for me to take a leave of absence from school to apply for a H1B1 visa? (I'm a Singaporean) Is it then possible for me to resume school again later as a part-time student while employed as a H1B1 visa holder?
Note: This is my second graduate degree so I am no longer eligible for OPT.
Lastly, how long would this entire process take and would I need to leave the country?

2 Attorney Answers

Best Answer
As long as you are in status as a student you can file for H-1B1 as a Singaporean. H-1B1 persons are permitted to attend school.
You do not need to leave the country as long as you file before your F-1 plus 60 day grace period expires. You cannot start work until the H-1B1 is approved so you may want to consider premium processing (regular processing is several months curerntly but shoudl speed up now that new H's are no longer available; or if anxious to begin work then pay premium and get a decision in 15 business days.)
We would be happy to assist you and your employer with this petition. Contact me as indicated below for procedures, forms and fees, We will do all the paperwork for the employer to review, post and sign.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
email: lynne@feldmanfeldman.com
website: www.immigrateme.com
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law
You can attend school while on an H-1B, as long as you are also still complying with the terms of the H-1B (working in the position petitioned for with the petitioning employer).
You could also switch back to F-1 status at some future date should you choose to resume school full-time.
If you are maintaining valid F-1 status currently, you would be able to switch to H-1B status here without leaving (this is possible now that the H-1B cap has been reached only because you are from Singapore, where H-1Bs allotted under treaty are still available. Depending on whether the premium processing fee is paid, this could take two to six weeks from filing or three to four months.
Speak with a lawyer for further guidance.

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