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My H1b Approve and i am on F-1, if I change college does approved H1b (start from Oct F Visa

Discussion in 'Cultural, Training, Student Visa' started by sunil1313, Aug 11, 2012.

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  1. sunil1313

    sunil1313 Law Topic Starter New Member

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    My H1b Approve and i am on F-1, if I change college does approved H1b (start from Oct 1 2012) will convert to F-1?

    I was on student F-1 visa, my OPT finish on February 18 2012 and after that I started the PC tech. March 6 to August 08, 2012. I have been applied for H-1 b for in April and got H-1B approcal on april end . I am being advice by PC Tech school to attend scholl untill September 30 and from October 1st my H-1 will be implimented from F-1 to H-1B.
    On Aug 9, 2012 SEVIS annouced as per attachement. Can you please advice in this case what should I do? should I wait till October 1 or get schoold admission and I do not need to get admission in school to maintain my F-1. The main question is = If I will get admission my H-1b will change to F-1?
    Can you please help on that.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    There is no attachment to your post. My first thought is that if you are getting legal advice from an experienced person and someone in a position to advise you, then you should consider that wisdom in the absence of having a consultation with an immigration lawyer.

    Here is my guess as to what might answer your question. F1 students that have pending H-1B petitions or approved H-1B petitions can qualify to keep their F1 status for an extended period of time (during and subsequent to the F1 period.) Take a look at this Cap Gap Fact Sheet and this DMV Fact Sheet which seem to have a good explanation of how the "cap gap" applies to a driver's license application. Let's say you don't qualify for the cap gap. If your authorization to stay expires prior to October 1, you have a problem. You'll have to exit the country and apply to be admitted back into the country via your H-1B.
     

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