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Can I have a H1 to F1 COS pending and file for a new H1 at the same time?

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  • Can I have a H1 to F1 COS pending and file for a new H1 at the same time?

    I presently have H1 to F1 COS pending which recently got an RFE which I am addressing. After I filed for this COS I stopped working and eventually my employer revoked my H1. I am presently attending classes and unfortunately have some unexpected change in plans and would like to go back to H1. Since, I have a F1 COS in process can I file for a new H1 with a new employer as well in parellel?

  • #2
    The new employer can file the petition for you, but whether it gets approved with I-94 or without depends on the result of your COS application. You need to consult an experienced attorney to determine whether you can start working while the petition remains pending.
    If it gets approved without I-94, you will have to leave the US and return in H1 status to start working.
    This is my opinion and not legal advice.

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