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H1B and F1 visa application at the same time

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  • H1B and F1 visa application at the same time

    Hi,

    I am currently on F2 visa. I have applied for an F1 visa (I-20 from International Technlogical University ), and have got an RFE (Request for Evidence) from USCIS. I'll be sending the required documents within a week. I am also applying for an H1B visa with a recruiting agency. Do you think applying for F1 and H1B at the same time will have an effect on the chances of getting approved for one or both the visa applications?

    Your help is greatly appreciated.

    Thanks,

    Shruti

  • #2
    There are no issues in filing multiple petitions at the same time. However, you need to be aware of the last action rule. Your status will change to whichever petition that gets approved with a new I-94 last. If H1B gets approved after F1, then you have to start working for the H1B sponsor immediately as of the H1B effective date and you cannot study. If F1 gets approved after H1B, then you cannot work (Unless you exit the country and return back on the appropriate visa and approval notice).
    Not a legal advice. Use of this information is strictly at your own risk.

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