H1B to F1 (in process), back to H1B?????

D

donk

New Member
I was on an H1B - applied for change of status to F1 which is still in process with INS. Now I have got another job and want to change back to H1B.

1) Can I go back to work with just a receipt notice for the H1B taking advantage of the portability clause

2) Can I cancel my F1 visa petition mid-way and apply for a new H1B?

3) Can I apply for the H1B even while my F1 is being processed... I will have to apply for the H1B at a different service center.

Thanks much for the help.
 
Only one status at a time

So you will have to evaluate your most optimistic scenario and go with that. Decide with F1 then dont bother about filing new H1. If you want to go with H1 then first may have to withdraw F1 and then refile for new H1 for new employer at new service center. This may also involve new Labor Cert. So think through carefully before making a move.

Not sure if portability of H1 applies to same employer or a completely new employer after you have filed for F1.
 
SIMILAR CASE H4 to F1 (in process), back to H4

HI,
I am on an H4 VISA - applied for change of status to F1 which is still in process with USCIS. Now my husband's H1 expires on September 30. He is getting his renewed for 3 yrs. We are confused if we should get my renewed to H4 as well or not. My F1 is important since i get job through CPT.

1) should I apply for the H4 even while my F1 is being processed. I dont want to cancel my f1 petition midway, since i can work through CPT.

2> what would be my status if my H4 gets approved after my F1 approval?

3> what happens if I dont apply for my H4. And my F1 does not get approved by current H4 visa expiration date?


Thanks much for the help
 
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