Legal Question in Immigration Law in California

H1 to F1 and again back to H1

Hi,

I am currently in US on H4 visa from Aug,2007. My employer applied H1 for 2008 quota. I also applied for MBA and got admission in a university with financial aid. My question is if defer my admission for 1 year and work under H1 for one year and change my status to F1 in 2009. Upon completion of my studies in 2011, should I apply for H1 under yearly quota or can I renew my old H1 visa.


Asked on 5/11/08, 9:55 pm

1 Answer from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: H1 to F1 and again back to H1

If you change status to F-1 then you will be subject to the cap when you apply in 2011.

You should also note that you can study on an H-4 visa, so there is no real need for an F-1 visa, unless you are trying to get OPT.

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Answered on 5/12/08, 2:48 pm


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