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apply H1B when still renewing my F1 visa?

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  • apply H1B when still renewing my F1 visa?


    I need help on whether it is OK to apply for H1B (Cap-Exempt university research position) when I am still a PhD student and was renewing my F1 visa.

    My situation is, I have just defended my thesis but have not yet deposited, so I am not officially graduated. I was back in my home country and trying to renew my F1 visa. The US consulate is already processing it but it is under administrative processing. Meanwhile I decided it is actually better to apply for H1B since I have to apply anyways after I graduate and I am already back home, and my advisor agrees to sponser my H1B application. My questions are :

    1. Do I have to official terminate my student status before I apply for H1B? Is it a voilation of law if I apply for H1B when I am still on F1 visa?

    2. Since my passport is with the consulate right now, I guess I have to wait after they issue me the F1 visa before applying for H1B visa?

    3. I will be working with the same professor on the same project, are they going to do administrative processing again? -it takes so long. Or can I cancel the previous application and get my passport back to apply for H1B?

    4. The only thing I left to do to get my degree is depositing my PhD thesis, and I think I don't have to be registerd to deposit my thesis. Does that mean that I can terminate my student status anytime now? (this might be a question for my school)

    Thanks a lot for your help!