Discontinuing studies to work (F-1 to H-1B)

[lednockquisby]

Hi,

Background:

* Time spent on H-1B in USA -- about Four and a half years.
* Been out of USA from Jan 2016.
* Got an admit to US Bschool for Fall 2017.*
* Still possess an approved H-1B petition that is valid until Oct 2017.
* An employment opportunity*might*materialize around Aug/Sep*with one of my dream companies. It is not a certainty though. Hence, I have decided to go ahead and join the MBA program. However, if the opportunity does materialize, I would be tempted to discontinue the MBA and join this company.*

Given the above, my questions:

1) If I do end up getting this employment offer, would*there be a way to not continue (maybe take a leave of absence) with my studies and instead request a change of status from F-1 to H-1B using my currently valid H-1B petition before it expires in Oct 2017?
2) Or, would it be possible for the new sponsor to just transfer my current H-1B petition? [I am assuming that this and the previous question*are not two ways of saying the same thing.]

Thanks for your help!

Lednock

[lednockquisby]

Any thoughts from anyone? Thanks!

Hi,

Background:

* Time spent on H-1B in USA -- about Four and a half years.
* Been out of USA from Jan 2016.
* Got an admit to US Bschool for Fall 2017.
* Still possess an approved H-1B petition that is valid until Oct 2017.
* An employment opportunity *might* materialize around Aug/Sep with one of my dream companies. It is not a certainty though. Hence, I have decided to go ahead and join the MBA program. However, if the opportunity does materialize, I would be tempted to discontinue the MBA and join this company.

Given the above, my questions:

1) If I do end up getting this employment offer, would there be a way to not continue (maybe take a leave of absence) with my studies and instead request a change of status from F-1 to H-1B using my currently valid H-1B petition before it expires in Oct 2017?
2) Or, would it be possible for the new sponsor to just transfer my current H-1B petition? [I am assuming that this and the previous question are not two ways of saying the same thing.]

Thanks for your help!

Lednock

[inadmissible]

I don't see why you would have any issues

[lednockquisby]

I don't see why you would have any issues

Thanks! Would it be okay to begin working after switching from F-1 to H-1B without leaving the USA in such a case? Would this sit well with the consulate whenever I next visit them to get my H-1B stamped? Or, is it necessary that I first leave US after leaving studies, get my H-1B stamped and then return to begin working?

[raghvi]

Thanks! Would it be okay to begin working after switching from F-1 to H-1B without leaving the USA in such a case? Would this sit well with the consulate whenever I next visit them to get my H-1B stamped? Or, is it necessary that I first leave US after leaving studies, get my H-1B stamped and then return to begin working?

Have you already got the F1 visa approved?

[lednockquisby]

Have you already got the F1 visa approved?

Not yet. Does this fact give me any options?

[scientist2016]

I do not see any problems for Change of Status from within the US, so you need not leave the country to change from F1 to H1B. Also, your new employer probably would be better off filing for a cap exempt H1B, based on the 1.5 yrs. remaining on your previous petition, rather than filing for a H1B transfer, since in the case of a transfer you would need the last 3 pay stubs, etc. Overall it might be simpler to just file a cap exempt H1B.

[lednockquisby]

Thanks for your advice, everyone!