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

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?

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Attorney answers 2

Best Answer

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. 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.



Hi , Thanks for your response. I have one more question. Currently I am on H4 visa in US . My employer is applying my H1B visa in April 2013 . Can I apply for H1B visa with my new last name ( my husband's last name ) on the basis of marriage certificate , while my passport and my H4 visa have my old last name ? In this case , my H1B application will have different last name than my passport . Can it create any kind of problem in my H1B approval ? Thanks


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

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.