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H1B to F1 then OPT then again H1B . Is this possible ?

Provo, UT |

My H1b recently got approved and along with my work, I am also planning to study part time Master and graduate before my H1B expires. But, if this won't work then I would probably do full time schooling after changing to F1 and not work under H1B .
1) Can I change from H1B to F1 ( may be 6 months earlier) before my H1B expires?
2)Can I then apply OPT again for Master as I will be using only 11 months and 22 days of my OPT ( I fall under STEM) ?
3) Can I apply for 17 months OPT extension my 12 months opt expires after Master as I have not used 17 months for my bachelor ?

Please let me know .

Thanks,

can I apply to H1B again after or durign OPT ? I am just doing this so that after I finished my Master I want to apply for a GC through my employer.

Attorney Answers 5


  1. Best answer

    1. Yes, you can file a COS back to F-1 on Form I-531.
    2. Yes.
    3. Don't think so, no. But ask your school"s DSO and see what he or she says about that.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. You ask a lot of specific questions but are not sure if you can go to master's program part time. Generally it is okay to switch from h1-b to F1 and then you are allowed to apply for OPT following the completion of your studies. My best advice is for you to consult with an immigration attorney.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.


  3. Yes you can change from H1 to F1. If you are changing status because you are having a 6th year issue with the H1, the F1 will get stuck, not otherwise. Yes you can apply for a STEMs opt.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


  4. Based on your brief description of your situation you can certainly change from H-1B to F-1 as long as you file the I-539 to change your status. Be careful that you don't file the F-1 too early as you mentioned six months in advance because once the F-1 is approved this terminates your ability to work on the H-1B. As far as the 22 days left on your OPT, I would check with your DSO to see if you can essentially recapture that time. Finally, you can certainly use the 17 months OPT extension for STEM to work on OPT if needed. Again your facts are limited I suggest you consult with an experienced immigration attorney in more detail.

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