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Applying for H1 extension while F1 pending

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  • Applying for H1 extension while F1 pending

    I have my F1 pending, and I need to apply for extension of H1 which will be expiring soon.
    Somone told me that I can not have both F1 and H1 pending at the same time. Therefore I can not apply for H1 extension.

    Is this true? Can anyone please help?

  • #2
    I did some online search. What I gathered is that one can have as many petitions pending as possible. The status will be determined by the LAST petition which is approved.
    This means that I can apply for H1 extension while F1 is pending. After this I can continue to work on H1 since H1 will be pending too. During this time if F1 is approved then I will quit the job and become student.

    Can anyone please confirm?

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    • #3
      I did some online search. What I gathered is that one can have as many petitions pending as possible. The status will be determined by the LAST petition which is approved.
      >>> That is correct. The status will be determined by the last petition that gets approved with an I-94 attached.

      This means that I can apply for H1 extension while F1 is pending. After this I can continue to work on H1 since H1 will be pending too. During this time if F1 is approved then I will quit the job and become student.
      >>> This applies only if your current status is H1B. If you are not in H1B status now, then you cannot work until the H1B gets approved.
      Not a legal advice. Use of this information is strictly at your own risk.

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