I know my question does not fit into GC category, but since many of you are experts in immigration laws i want to get some help.
This is for a friend.
He was on H-1 and laid off. He managed to get an I-20 and applied for F-1 within the US.(which takes a looong time now)
We were told that meanwhile he can re-apply for H-1 once he finds a new employer. However , the last immigration status is the current status. In other words if he gets H-1 faster than his F-1 (which is 100% the possibility), after the F-1 approval comes, he will be in F-1 and lose his H-1 status.
Our doubt is this. Once he applies for H-1 and gets it approved (lets assume premium processing) can he withdraw his F-1 petition??
This is for a friend.
He was on H-1 and laid off. He managed to get an I-20 and applied for F-1 within the US.(which takes a looong time now)
We were told that meanwhile he can re-apply for H-1 once he finds a new employer. However , the last immigration status is the current status. In other words if he gets H-1 faster than his F-1 (which is 100% the possibility), after the F-1 approval comes, he will be in F-1 and lose his H-1 status.
Our doubt is this. Once he applies for H-1 and gets it approved (lets assume premium processing) can he withdraw his F-1 petition??