Enrolling in school to maintain status until H1 Question

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kraysh1b

Registered Users (C)
I am unsure as to whether I made the H1B cap this year, so I am considering enrolling in grad school starting January 2006. I plan to attend one semester, but in the meantime, also have the company that sponsored me this year, file again in April of 2006 for another shot at the H1B.

I realize that I cannot begin actually working at the company until October 1 of 2006, so will there be any danger of "dropping out" mid-semester from F1 to begin my H1 work?

Thanks.
 
Hi LucyMO,

Thanks for responding. I'd like to ask a follow-up question then:

Since I have an H1B petition that is pending (received receipt, but no approval/rejection yet - probably will be returned due to cap limit), will I have problems simultaneously applying to grad school? Wouldn't it seem to send mixed "signals" if I try to get a new I-20 as well as having a H1B appliation pending?

Thanks!
 
if you have a H1B receipt, that means you made it to the CAP. You do not have to worry that your application would be rejected because of the unavailabitlity of H1Bs. The fact that you have a receipt notice means that you were within the cap.
 
you can remain in F-1 status while H1B application is pending (besides, it's a good idea to do so). To do so, you will HAVE to get a new I-20.
 
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