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Switching to an F1 while on an F1(OPT), with a pending H1B visa petition

Mountain View, CA |

Hi all,
I'm in a rather complicated situation. I am currently on an F-1 visa with OPT, and I am working at a company. My company recently filed a petition sponsoring my H1-B visa. I wish to join school for a doctoral program this fall (Sep 2013) and I have admits already. However, I would need to switch to an F1 visa before beginning school. I don't want to quit my job before August. I'm confused of how I should proceed if I want to join school this September. My current F1 expires in June '13, and OPT expires in July '13. Any thoughts will be greatly appreciated.

Hi Mr. Sharma, Yes, the company has applied for my change of status.

Attorney Answers 3

Posted

You are correct ... it appears to be too complicated for resolving on an internet blog like this.

Most likely you won't be able to work in July.

Meet in private with an immigration lawyer for clarification of what options, if any, you have.

Sorry.

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.

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Posted

I agree with my colleague.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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Posted

Did the company apply for change of status?

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 or 415 902 0832 to schedule a consultation.

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