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  • H1B to F1 to H1B

    I have H1B petition valid until 10/2011. I came to India to get my H1B visa stamped.
    Unfortunately, I got stuck in the administrative delay and was transferred to India office. I got my visa stamped and came to US to pack my belongings. I returned to India in 06/2009.

    Now I have a chance to go to US with a F1 visa for further education. The twist in the events is that In the improving economy I have been getting few interview calls and they would like to interview me in person. I am interested to pursue these further. Another reason for this is I did not get the schools I wanted for my PhD research.

    1.Can I go to US with F1 visa and then interview with the interested companies. I suppose my H1B petition is still valid and for me to work full time. I will need to transfer my H1B to the company offering me a postiion and can start working immediately.

    2.If the above is untrue, I will then have to apply for fresh H1B petition and wait until October.

    Please advise which one of the above holds true. For your information, I have obtained an advanced degree from US.

    Thank you for your time.

  • #2
    Originally posted by democles View Post
    I have H1B petition valid until 10/2011. I came to India to get my H1B visa stamped.
    Unfortunately, I got stuck in the administrative delay and was transferred to India office. I got my visa stamped and came to US to pack my belongings. I returned to India in 06/2009.

    Now I have a chance to go to US with a F1 visa for further education. The twist in the events is that In the improving economy I have been getting few interview calls and they would like to interview me in person. I am interested to pursue these further. Another reason for this is I did not get the schools I wanted for my PhD research.

    1.Can I go to US with F1 visa and then interview with the interested companies. I suppose my H1B petition is still valid and for me to work full time. I will need to transfer my H1B to the company offering me a postiion and can start working immediately.

    --You can do this although it is bordering on fraud (entering with F1 visa with intention being to work). You will need to maintain F1 status by studying full-time until H1 petition is filed for you. Since you have been cap counted, your new employer may request an immediate start date, but you have to wait for approval of the petition with change of status to start working.

    2.If the above is untrue, I will then have to apply for fresh H1B petition and wait until October.

    Please advise which one of the above holds true. For your information, I have obtained an advanced degree from US.

    Thank you for your time.
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for the reply "kabkaba". My intent is that before the classes start, if I do happen to get a job, I will work on that. Do you think this comes as a fraud? I will maintain the status all the time. I was under the impression that a lot of people change to F1 when they lose the job and then get back to H1 once they get a job.
      Thanks again for your time.

      Comment

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