Can I do this??

R

rsemwal

Registered Users (C)
I am planning to goto Mexico for H-1 visa stamping. I am a simple F1-OPT-H1 case(never out of status).

Altough I am working full time in a company on H-1, I also have an admission in school. Since I had initially came on F-1, I have the F-1 stamp on passport which is valid until end of this year. I was wondering can I take a new I-20 from my school before I goto Mexico for H-1 visa stamping. This was if my H-1 visa is refused due to any reason, I can still come back to US based on my unexpired F-1 visa and the new I-20 from school.

Please let me know if it is doable at all. If I show the consular official only my H-1 papers, can he still somehow know that I also possess a new I-20.

Thanks.
 
I dont think it will work. When you apply for your H1, it is a change of status from F1 to H1, and after getting a few paystubs you are no more on OPT or F1. The F1 visa is no longer valid.
It will be prudent to go to home country and try to get the h1 stamp, instead of trying another back door entry, if visa stamping is refused at mexico.
I dont think there will be any problems for you at the US consulate for the H1 stamp.
 
Thanks

Jaxen,

Thanks a lot for your reply.

I guess I would take your advice.

But I am just curious to know that what would happen if I get the I-20 from school. As I said I am working fulltime on H-1 and I have also been admitted to a school from next Spring. My university told that they can give me I-20 if I want to study full time from next Spring. I assume the univeristy would get the I-20 from INS for me and INS should not have problem in issuing a I-20 to a prospective student.

1. But the moment INS issues me an I-20, would that mean I am no more on H-1 and my status is changed to a fulltime student.

2. If above is true, and I goto Mexico for H-1 after getting a new I-20 from school. Let us assume that somehow embassy gives me the H-1 stamp also, would my status be again converted back to fulltime H-1 employee once I re-enter US based on my new H1-visa/I-94(H-1).

Thanks.
 
No

Mere receipt of I20 is not enough for your h1 to get superceded. When you file for H1 to F1 , then you can join the school and H1 becomes invalid then.
 
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