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I have a bit of a complicated case. Please bear with me as I try to articulate it.
I am currently on H1 working full time for a company in New York. Now the company wants to relocate me to Florida. They are going to file a new H1 LCA amendment/petition for the Florida work location. However, I have decided to leave the company and go for higher studies. I am planning to apply for a Change of status to F1 as soon as I get my 1-20. If my company files for H1 amendment it's going to take about 3 months for it to come through (if everything goes well). But even before the H1 amendment comes through I will have to file for COS to start classes on time. So, at some point I might have two application with USCIS 1) H1 amendment 2) COS for H1 to F1. I cant wait for the new H1 petition to come through before I apply for COS.
I know that the best thing to do would be to above filing H1 amendment now that I know I am going to leave the company but I cant do that until my F1 visa comes through. And since I cannt disclose my COS plans to my current employer, I cant slow/stop the H1 amendment process either.
My question is will there be any affect on my H1 to F1 COS application if I file it using my current H1 petition while that same petition is up for amedment? Could my COS from H1-F1 get cancelled because of this pending H1 amendment application?
I hope I was able to communicate the problem. Experts please suggest!!
I am currently on H1 working full time for a company in New York. Now the company wants to relocate me to Florida. They are going to file a new H1 LCA amendment/petition for the Florida work location. However, I have decided to leave the company and go for higher studies. I am planning to apply for a Change of status to F1 as soon as I get my 1-20. If my company files for H1 amendment it's going to take about 3 months for it to come through (if everything goes well). But even before the H1 amendment comes through I will have to file for COS to start classes on time. So, at some point I might have two application with USCIS 1) H1 amendment 2) COS for H1 to F1. I cant wait for the new H1 petition to come through before I apply for COS.
I know that the best thing to do would be to above filing H1 amendment now that I know I am going to leave the company but I cant do that until my F1 visa comes through. And since I cannt disclose my COS plans to my current employer, I cant slow/stop the H1 amendment process either.
My question is will there be any affect on my H1 to F1 COS application if I file it using my current H1 petition while that same petition is up for amedment? Could my COS from H1-F1 get cancelled because of this pending H1 amendment application?
I hope I was able to communicate the problem. Experts please suggest!!
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