Legal Question in Immigration Law in Florida

H1 to F1 transfer

hi i recently transfered from F1 to

H1 visa 2009 and now i want to

transfer back to F1 .i have a valid

F1 visa until 2010 ..do i need to go

back to my home country and get

new F1 visa stamped or my old F1

is valid


Asked on 4/20/09, 4:24 pm

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: H1 to F1 transfer

Dear Inquirer:

Your F-1 visa is based on the original I-20 from the first school you attended. If you obtain a new I-20, you could file for a change of status to F-1 from H-1B without departing the US. If you need to travel, however, you would most likely need to apply for a new F-1 visa at the US Embassy in your home country, using the new I-20.

Note that the USCIS may question whether you are an intending immigrant when you seek F-1 status, since you previously worked in the US and have probably been here for several years.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 4/28/09, 8:04 pm


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