Legal Question in Immigration Law in California

H1B to F1 Conversion******

What will happen to my H1 B visa if I apply for F1 visa for attending Graduate school?

Whether I need to get again into the (65,000/20,000) cap after completing my course? Or after completing my course I can use my old H1B visa for continuing the employment


Asked on 8/19/08, 6:39 pm

3 Answers from Attorneys

Amy Ghosh Law Offices of Amy Ghosh

Re: H1B to F1 Conversion******

It will be a new H1b..so you have to go though cap.

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Answered on 8/19/08, 11:00 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1B to F1 Conversion******

You could change back to H-1B status if you have not left the U.S. for a year within the past six years and held H-1 within the past six years again before applying. That would be my take.

I presume you haven't expressed immigrant intent, such as by having a labor certification or immigrant petition or immigrant visa filed on your behalf, that you haven't violated your status and that you can be self-supporting without working while in F-1 status. And oh yes, that you're otherwise admissible.

Let me know of I can help. The code should be quoted in whatever application you make. Your circumstances are extremely unusual. The government is not used to seeing applications like this. A lawyer would thus be helpful.

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Answered on 8/21/08, 1:34 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: H1B to F1 Conversion******

You could change back to H-1B status if you have not left the U.S. for a year within the past six years and held H-1 within the past six years again before applying. That would be my take.

I presume you haven't expressed immigrant intent, such as by having a labor certification or immigrant petition or immigrant visa filed on your behalf, that you haven't violated your status and that you can be self-supporting without working while in F-1 status. And oh yes, that you're otherwise admissible.

Let me know of I can help. The code should be quoted in whatever application you make. Your circumstances are extremely unusual. The government is not used to seeing applications like this. A lawyer would thus be helpful.

Read more
Answered on 8/21/08, 1:35 am


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