Is it possible at a time both(H1 Extension and H1 to F1) applying

[janardhanreddy]

Hi,

My Visa is valid till Sep'2010, i do not have project now, So it might be getting extesion some what difficult, Hence i am planning to go for Both(H1 Extension and H1 to F1 transfer).Is it possible at a time both(H1 Extension and H1 to F1), If my h1 approved then what abt "H1 to F1" viceversa. thanks in advance.

Regards
Janardhan

[shervin143]

Extension or a COS to F1 or any other status for that matter is not possible when you are out of status. You need to submit the latest pay slips for a successful transfer or COS.

To answer your question, your staus will change to the last received I-94. Read about the last action rule in the forum.

[kabkaba]

If you have 2 applications pending at the USCIS, their last action on any of the application will determine your status.
If F1 is approved after H1 extension, you must study full-time to maintain F1 status and cannot work without authorization.
If H1 is approved after F1, you must work full-time.

[janardhanreddy]

Reply

If you have 2 applications pending at the USCIS, their last action on any of the application will determine your status.
If F1 is approved after H1 extension, you must study full-time to maintain F1 status and cannot work without authorization.
If H1 is approved after F1, you must work full-time.

Hi Kabkaba,


As per u r reply, we can go for both at a time?


Regards
Jana

[shervin143]

You can have any number of applications pending/processing with USCIS. As mentioned earlier, read about the last action rule to understand what will be your status when the applications gets approved/denied.

[dtej]

Plz suggest me

Hi

Even me sailing in the same boat as janardhan, with similar plans. My main question is, if i concentrate only on COS to F1, its taking 2-3 months to get status updated. By that time my visa will be expired (i.e. Sep 20th 2010). So am I allowed to stay in US until i get my visa? What if its on negative side?

Please educate me in this Regards.

Thanks in advance.

[shervin143]

If your COS gets approved, then you have no issues. If the COS gets rejected, then your stay in U.S past your I-94 expiry date will be considered illegal and this may raise questions when you attend for visa interview the next time.

Hi

Even me sailing in the same boat as janardhan, with similar plans. My main question is, if i concentrate only on COS to F1, its taking 2-3 months to get status updated. By that time my visa will be expired (i.e. Sep 20th 2010). So am I allowed to stay in US until i get my visa? What if its on negative side?

Please educate me in this Regards.

Thanks in advance.

[dtej]

Thanks Shervin

One more doubt, Now i don't have a project, so in hoping COS to F1, is the better choice, i will apply COS to F1 now. later in this month if i get a project, my employer can file H1b extension petition for me. So i will be waiting for two approvals.

Among them, if i get the COS to F1 approved first and Later H1b extension petition is on negative side.

In this situation what will be my final status?
Is it advisable to apply for two status at almost same time?

Please educate me.

Thanks in advance.

[shervin143]

One more doubt, Now i don't have a project, so in hoping COS to F1, is the better choice, i will apply COS to F1 now. later in this month if i get a project, my employer can file H1b extension petition for me. So i will be waiting for two approvals.
>>> First of all you need to prove that you are in valid H1B status for the COS to F1 to get approved. You will have to submit the latest pay slips to prove that you maintained your H1B status.

Among them, if i get the COS to F1 approved first and Later H1b extension petition is on negative side. In this situation what will be my final status?
Is it advisable to apply for two status at almost same time?
>>> Your final status will be as per the last received I-94. Read about the last action rule.