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H1B to F1 transfer rules

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  • H1B to F1 transfer rules

    I am currently working in US on H1B, have 8 months left according to i94 (eligible for 2 more years after that through extension for total 6yrs). I have received admission to a Masters level program in US starting in September 2017 and I wish to go to improve my qualifications.

    My school is strongly advising going to India and getting F1 stamp as Change of Status (H1B to F1) may take too long (6-14 months) and I may not be able to do CPT if it gets delayed. However, I am scared that if my F1 visa gets denied in India (or put in Admin Processing) I may loose both my job (if I resign and come to India for F1 stamp) and also not be able to go for further studies.

    Therefore, I am thinking of taking a 2 week vacation in May or June, to get F1 visa stamped and then come back on H1B in June to continue to work and then resign 1 month before school starts in August and go into F1 status. Is this allowed or once I have F1 stamped I can only enter US in F1 not H1B? I am thinking this as if F1 visa is denied I can at least come back and work on H1B.

    If its relevant, I already have a US masters and have used up my OPT.

  • #2
    You can do what you suggested. You can enter on H1, and later move to F1. Since you are afraid that COS might not be in time, you could exit the country when you are ready to change to F1, and re-enter on F1.
    Just an opinion; Not legal advice.

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    • #3
      I am in a similar situation (looking to go H1B to F1 for a PhD). Did you ever get a good answer to this? What did you end up doing? The other reply to this thread was unclear to me. Is is possible to go to india earlier, get the F1, and then return to the US to finish out a few more months on your H1b?

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      • #4
        Originally posted by anandwashere View Post
        I am in a similar situation (looking to go H1B to F1 for a PhD). Did you ever get a good answer to this? What did you end up doing? The other reply to this thread was unclear to me. Is is possible to go to india earlier, get the F1, and then return to the US to finish out a few more months on your H1b?
        Yes, as long as you demonstrate that you meet the criteria for F1, you can always get a F1 stamped in your passport. You also can have more than one unexpired visas (e.g., you can have valid F1, B1 as well as H1 in your passport at the same time) in your passport, and decide which one to use at the POE.
        Just an opinion; Not legal advice.

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        • #5
          Hi

          What happened to your visa

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          • #6
            What happened in your situation?

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