URGENT - Change of Status Clarification - H1 & F1

viper1400

New Member
Hello All,
This is kinda urgent issue for me as i have to resolve this issue in 2-3 days.

I was working in a company on H1 visa. and i got laid off from there. However they extended my stay and by meantime i applied for change of status from H1 to F1 and also i got anohter consultant to do my normal H1 processing.I applied both of them in January time frame.

As of today i have got a Request for Evidence (RFE) fromINS regarding F1 (change of staus). Also by mean time my H1 is also approved. This took almost 3-4 months.

Now My concerns are that should i take my F1 application back or not? I am graduating from school in May 15th and even if i will get my F1 approval it will be no use. On other hand I applied for H1 on january but i didnt get any paystub from then because we do not have any project. Now i am about to get a new job and my employer can give me paystubs also.

I talked to one lawyer and he said that you shouldnot revoke the F1 back and instead send the RFE back and get approval and tell them u already graduated in May so only approve it till May. and you can also work after MAY on approved H1 (which was approved in April)as they have only approved F1 it till may (but my H1 was approved before MAY (april End ))

However, i think that if my F1 is approved(even if till May) then i have changed my status once from H1 to F1 AND THEN i cannot go back to that company and work agian. and i need to apply for H1 again.,

What do you think ? do you agree with me or any suggestions? it is really urgent as i have to do something in short time.
 
I totally agree with you. Find a better lawyer and pay some money and find a way out.
Even if you dont have paystubs, if the approved H1 came with paystubs, then your status is saved by the H1 itself. Wait for some more months (acquire a few paystubs) before changing employer. My suggestion.
 
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