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You first have to be selected in lottery for H1B. Since there is less than 50% chance, it is likely to not be an issue.
If you change to F1 and your H1B is a COS and you receive I-94 with OCt. 1 start date, you will be on H1B
It is very frustrating to see the number of people wanting to use H1B immediately and being sabotaged by people like yourself who have applied when they have plans to use another visa status before the H1B. Why did you not wait to apply until you really were going to use the visa!
You can study on H4. If your spouse in on H1B, you could have afforded tuition to school on your own and did not have to wait for financial aid if you really wanted to do something.
1. Yes, that can be done. But remember, the last action rule comes into picture. Say your F1 COS gets approved on August 1st and you get picked in H1b lottery and it is approved bu July 1st effective Oct 1st. Your status will be F1 from August 1st until Oct 1st and then your status automatically changes to H1b. You need to be careful in such parallel COS petitions and ensure that the last effective COS is the status that you want to maintain.
2. All of this can be done. But any COS has to be approved by CIS. You cannot choose which status you want to be in when you have 2 approved COS requests. Last action takes precedence.
I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.
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