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Can I file for H1b when change of status to F1 is pending

Stone Mountain, GA |

I filed for a change of status from B2 to F1. it's still pending but I got a sponsor for H1b. Can I file the H1b while the other change of status is pending.

Do I have to withdraw the F1 filing? Will there be any problem if I don't withdraw the F1 before filing the H1B?

Attorney Answers 2

  1. Replace the pending F1 with the H1B petition, or you can wait for the F1 approval and then do COS to H1B but the quota may run out by then.

    An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

  2. Withdraw the F1 and submit the H1B to try to avoid missing the quota.

    FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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