Can I do H1 and the F1?

[Hou_Texans]

Basically I am facing the same problem everybody else is facing. H1B application got retuned with a letter saying apply April 1. My OPT expires May 29. The problem I am having is as follows:

Option 1:
I have two lawyers the first one is advising me to apply for a F1 once approved, wait 60 days and then apply for H1B. He also says if I apply for H1B April 1 and Apply for F1 in May come OCT 1, I will be F1 and my H1 will not hold! Is there any truth to this?

Option 2:
The second Lawyer says: Apply for the H1B on April 1 and then apply for F1 in May before the OPT expiries.

I am really confused at this point which is the right option?

Thanking you in advance to any kind of advice you can provide.

M

 

[Rajiv S. Khanna]

Originally posted by Hou_Texans
Basically I am facing the same problem everybody else is facing. H1B application got retuned with a letter saying apply April 1. My OPT expires May 29. The problem I am having is as follows:

Option 1:
I have two lawyers the first one is advising me to apply for a F1 once approved, wait 60 days and then apply for H1B. He also says if I apply for H1B April 1 and Apply for F1 in May come OCT 1, I will be F1 and my H1 will not hold! Is there any truth to this?

Option 2:
The second Lawyer says: Apply for the H1B on April 1 and then apply for F1 in May before the OPT expiries.

I am really confused at this point which is the right option?

Thanking you in advance to any kind of advice you can provide.

++++++++++++++++++++They both make good points. I think you could go either way. But the safety is incomplete, no matter what we do, without some comments from CIS. If no comments are received, call your lawyer when you are getting close to applying.

M