Legal Question in Immigration Law in California

H1 to F1 Transfer
I did my Masters in Biomedical Engg from US university in 2007. Currently I am working as a research enggg for a non-profit research Institute in California.
I have H1 which is valid till 2010. However, I am planning to go back
to university and get my PhD. I have partial scholarship from the
university, but I can get it only if my status is changed to F1. The
new quarter starts in September '08. If I apply for change of status
from H1 to F1 it might take more then 2-4 months. Instead can I go to US consulate mexico/canada with I-20 and supporting documents to get my F1 stamped. However, If for some reason they reject my F1 can I still enter US on my H1 which is valid till 2010 as I still have a job in US and planning to resign only if I get my F1. I would really appreciate if you could give any inputs

Asked on 7/14/08, 2:24 am

Amy Ghosh Law Offices of Amy Ghosh

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Re: H1 to F1 Transfer

I do not think Mexico will process third country national...you need to go back to your home country.

Answered on 7/14/08, 9:42 pm

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