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My H1B will be terminating in 10 days and I have an option to go back on F1, I found a sponsor who can process my H1. What to do

Austin, TX |

I came in USA on F1 and then got H1 before completion of degree, now my H1B is going to terminate in 10 days. I have an option 1) togo back on F1 for a semester to complete my degree( applying COS) 2) I found a sponsor who can do my H1B. But since I have very less time for H1b processing to be done and I do not want to be out of status for even a single day to avoid unnecessary hassale to going to home country. IS it ok is I apply for COS(F1) and also start the process of H1B transfer. If H1 gets approved early(PP) then what will happen to my COS(F1) or if COS(F1) got approved early in case what will happen to my H1B application. First of all is it legel to apply for two COS together( another H1 and F1) ?

Attorney Answers 3


  1. Pick ONE application and stick with it.

    You do NOT want a COS and EOS (change of employer) to be pending at the same time.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. I agree with my colleague. If you wish to file the two application on the same time, you need to consult with an attorney to understand the pro and cons of the strategy.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.


  3. I agree with my colleagues. Considering the timeline of events, it is best you discuss your situation with a competent immigration attorney regarding your needs. A professional will be able to guide you and provide options.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 to schedule a consultation.

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