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(Pending H1) to F1 transfer

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  • (Pending H1) to F1 transfer

    Hi,

    I had a H1 visa stamping interview on 15th JAN, however it didnt go well. I was given the 221g form.
    The VO clearly told me its a case of visa revocation and he is goona request DOS to revoke my H1, and I am required to submit additional docs along with this.
    However DOS may accept/revoke my H1 as per their discretion. But the process will take about 4 months during which my H1 will b in pending status (the VO also told me there are less chances of DOS accepting/approving my H1b petion)
    My employer has agreed to provide me with the required docs and I will b submitting them in a couple of days.

    I am considering the option to go on F1 status again as waiting for H1 is gonna take too much time and there is no guarantee of approval.

    Can I enroll in a university under the scenario:
    H1 to F1 transfer? (Should i apply to the university under this category as my H1b petition was already approved)
    If yes then they will send me an I-20 (when they process my I-20 would there be an automatic change of my status h1 to f1?)
    If no I would go for my F1 interview. In case it gets approved, my status would change to F1 and what will happen to H1b pending application?
    Would it get cancelled at the same time F1 is approved, as anyone cannot have dual status?
    Or It would b still pending?and if it still in pending status what happens if it gets approved later on?

    Thanks in advance.

  • #2
    Since you are outside the US, you do not have any immigration status. Status is granted at the time of entry to the US.

    If you really want to study you can try to get admission into a good university and apply for an F1 Visa. But if you get into a non-accredited school, with your background it is highly likely to be denied.
    This is my opinion and not legal advice.

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    • #3
      Thanks

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