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

Asked over 1 year ago - Sylmar, CA

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?

Attorney answers (2)

  1. Tripti Sharad Sharma

    Pro

    Contributor Level 20

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    Answered . 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. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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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