Change of status from H4 to F1 and then F1 to H1B ?

Asked 4 months ago - Sylmar, CA

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Currently I am on H4 visa and planning to change to F1 visa on January 11th, 2013. But at the same time, I am looking for a job. If I am able to find an employer who is ready to apply for my H1B visa on April 1st 2013, then can my F1 visa application be disadvantageous to my H1-B application in any way ?

Specifically, I have two questions:

1 - If my F1 change of status is approved before Apr 1st, will it be disadvantageous to apply for another change of status to H1-B right away?

2 - If my F1 change of status is not approved by Apr 1st, how will a second/simultaneous change of status application (H1-B) work?

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Attorney answers (2)

  1. Licensed in CA

    Fremont Immigration Attorney
    Contributor Level 17

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered February 08, 2013 23:45. I do not recommend filing change of status applications in such short durations. Why change to F-1 in Jan when you intend to file for change to H-1B in April. It shows no intent to go to school. COS to H-1B will likely be denied in this case if the IO takes a closer look at your file.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  2. Licensed in CA

    Los Angeles Immigration Attorney
    Contributor Level 20

    1

    Lawyer agrees

    Answered February 07, 2013 17:20. can my F1 visa application be disadvantageous to my H1-B application in any way ? No

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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