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change of status (F1 to H1B) without a degree

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  • change of status (F1 to H1B) without a degree

    I am currently on F-1 status and I want to quit the Bachelor degree program because of the financial problems. I found an employer who is ready to hire me for the part time job on the basis of my previous degree.

    Is this unusual case? Is it possible to convert F1 to H1B in such cases because I don't have any OPT which usually F-1 holders have OPTs when they apply for job and H1B?

  • #2
    The employer can apply a COS from F1 to H1B and when that gets approved, you can start working. However, check the requiremenet to see if you qualify for H1B.
    https://www.immihelp.com/h1-visa-requirements/
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for reply. I think the link you gave applies to those who are eligible for or already have OPT. I am neither eligible nor have one. All I have is bachelor's and master's degree from India. Can I apply for H1-B Part time on that basis while I am in middle of degree program in US which I want to quit? Please reply.

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      • #4
        Your education / work experience prior to your current discontinued F1 program will be taken into account when you apply for the H1B (So forget about the OPT). Based on the link provided in the previous reply, you should be able to evaluate whether you are eligible for an H1B or not. Your employer should be able to tell you that as well.
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          Thanks again. I am little relieved now, but my main concern whether or not it will adversely affect my case because I want to quit my study in middle after changing the program twice and now I am applying for H1 without completing the study in US university. The part time job (Med Tech) I am offered now is directly related to my education and experience in India and I have also recently passed the required certification exam to work as a Med Tech in US. Please help.

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          • #6
            Your H1B, if approved will be completely based on your previous degree and work experience. It has nothing to do with your current F1 program. Probably you might be questioned by the VO when you attend the visa interview next time and you should be prepared for it. Otherwise, there should be no issues.
            Not a legal advice. Use of this information is strictly at your own risk.

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            • #7
              Hi. That helps. Based on what I read on other posts it is possible to get part time H1-B. However, most of the cases were changes from full time h1 to part time h1 and full time plus part time, so it was for those already had h1 and wanted to convert it to part time because their employers reduced their working hours, so their employers needed to submit some amendment form.

              However, in my case I will be applying for the first time and that part time H1-B. My hourly wage will satisfy the requirement of prevalent salary, but not the annual salary. So, how are the chances of rejection in such cases?

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