Legal Question in Immigration Law in Iowa

How can you have F1 status and H4 status at the same time?

Overall, your plan doesn't sound right. Does your employer have an attorney who is advising them?

Good evening,

Your questions are complex. An employer can withdraw an H-1 petition. It is unclear what your status will be. It depends on the last status you had and whether if an H-4 it expired or F-1 if you're attending fulltime or on OPT after graduation. If neither, then you would not have a status to revert to and you would fail to maintain status. In that case, to secure status, you'd need to depart the U.S. and return on a legal visa.

If the petition is withdrawn and the same wants to hire you, you'd need to be petitioned again. Whether that's possible as a change of status will depend on whether you had a valid status to fall back on that was not expired and you maintained that status. If not, you'd have to depart the U.S. to secure a visa and return on the H-1. Also, you'd again be subject to the cap if the first H-1 petition is withdrawn, so if H-1s were to become scarce again, you might not be able to qualify for H-1 status until you'd be lucky and win the H-1 lottery, but with the economy so weak, I don't forsee this last part to be a problem.

If a new employer wanted to petition you and you ported to a new employer, it is not necessary to maintain status to do that. If you haven't yet had H-1 though, it's unclear whether the ability to port to a new employer would be possible. That particular question requires a bit of research, which I could certainly determine with clarity for you.

For further information and assistance I would be delighted to assist you. You're in a vulnerable position and require the protection that counsel can provide you.

Sincerely,

Alice Yardum-Hunter

Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization and a "Super Lawyer" 2004-present, "Los Angeles Magazine"