F1 to H1 confusion

[oasis777]

Hi All,
My current visa status is F1 and currently enrolled in Masters Program. I have joined a consultancy who have filed my H1 under regular quota on the basis of my bachelors degree from US. The H1 petition under regular processing would come only after October. In the meantime my masters semester will start in August end and if i do not enroll for the coming fall semester will I be out of status from F1 and further cause complications for my pending H1.

My doubts are:
1) Do I need to enroll for the fall semester to maintain my F1 status while my
H1 is pending? ... I have already exhausted my OPT from my Bachelors. I
am not eligible for my Masters OPT unless I finish it, which might take more
than a year, thus not helping me either.
2) Is it possible to upgrade the already filed H1 petition under regular
processing to premium processing now?
3) If the H1 approval comes through do I still need to wait till October to
start working or does the H1 approval permit employment?

Thanks in Advance!

 

[nn2006]

there is a 60 day grace period after the completion of studies for you to change status. since you finish in august 31 and your H1B starts on oct 1, it must be ok. Check with the international services in your college. If you want to work in the mean-time you need an OPT.

the following link might be useful.

http://www.scc-fl.edu/international/current/aftergrad.htm

 

[oasis777]

H1 to F1 Confusion transferring without OPT

Hi NN2006,
Thanks for yur reply.I am applying for H1 for this year and my current status is F1 and have not completed the degree that i am enrolled in so no OPT. My H1 is based on the prior degree. Summer did not require course but the coming Fall semester will require enrollment in course to maintain F1 rite. So my question is about whether i need to enroll in August end to keep my F1 to be safe for H1 processing.

Thanks in Advance

 

[nn2006]

For a friend who was in somewhat similar situtation, his university international center advised him to register. but being an international student, if you register full time, you might not be allowed to work full-time. If possible, you may be able to get a CPT for your master's degree which is a relatively simple procedure as it is internal to the university. This will give you permission to work until you shift to H1.

 

[frostrated]

The 60 day grace period to change status is effective only after you fulfill all requirements for the degree you are enrolled in. If you do not have a valid work status by the time of your registration date (usually the census date), and you have not enrolled for classes, you are out of status. To get back into status, you should apply for reinstatement and also give a valid reason for not registering. If you are out of status for more than 30 days, you are most likely to be denied reinstatement and might face deportation. If you have applied for a fresh H1, then the earliest valid work status is going to be Oct 1. Looking at the current scenario, it is in your best interest to enroll for classes and then aftery our H1 comes through, you can withdraw from classes. You will loose your tution fee for that semester, but it is better than loosing your status. If you are in the same city, it is possible for you to convert to the H1 status and still continue to take classes.

For a friend who was in somewhat similar situtation, his university international center advised him to register. but being an international student, if you register full time, you might not be allowed to work full-time. If possible, you may be able to get a CPT for your master's degree which is a relatively simple procedure as it is internal to the university. This will give you permission to work until you shift to H1.