Legal Question in Immigration Law in Kansas

Filed H1 while I was on F1 status, approval not yet come

I had M.S. degree and now I am pursuing MBA. I completed 2 semester and still I have two more semesters to study. In between I got a job offer and employer applied for my H1B visa on 30th sept. I also received Receipt number. But I have not yet received H1-approval notice.

Qn1.

From mid January 2005 onwards, If I don't take courses I'll be out of status. Should my employer has to hurry and apply for premium processing?

Qn2.

I want to travel outside USA in january on my F1 that will still be valid until end of Jan. In between if I get my H1 approval, will my F1 be automatically cancelled? Will I be denied entry into USA on F1?

Thanks in advance


Asked on 12/28/04, 3:33 pm

1 Answer from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: Filed H1 while I was on F1 status, approval not yet come

If you have a valid application pending before your F1 status ends (if you stop taking courses), you are still in legal status while waiting for your H1B adjudication.

However, if you leave US, your change of status application (from F1 to H1) is deemed abandoned. You cannot come back with your F1 visa since you are not planning to study in the US. You have to apply for H1B visa from your country and enter with H1 visa.

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Answered on 12/28/04, 4:06 pm


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