Urgent - H1 to F1 visa

[T_1000]

Apology for tagging this post as urgent but this is really urgent.
Hello, my current H1 extension is in review status. On the other hand, I receive acceptance for PhD. I wanted to visit home country. Once my new petition is approved soon, Can i visit Home country and come back with H1 stamping and then immediately do transfer to F1. or Do i have to wait and transfer to F1 after some period. Please advise.

[scientist2016]

Apology for tagging this post as urgent but this is really urgent.
Hello, my current H1 extension is in review status. On the other hand, I receive acceptance for PhD. I wanted to visit home country. Once my new petition is approved soon, Can i visit Home country and come back with H1 stamping and then immediately do transfer to F1. or Do i have to wait and transfer to F1 after some period. Please advise.

No wait time necessary. You may want to consider getting the F1 visa stamped during your trip though, and enter on F1, instead of getting a H1 stamp and later filing for COS to F1, all of which will take time. Also, since you say it is a PhD it is going to span multiple years, and during this span if you ever have to leave the country and travel outside, you will have to go through the stamping process so as to re-enter anyways.

[T_1000]

No wait time necessary. You may want to consider getting the F1 visa stamped during your trip though, and enter on F1, instead of getting a H1 stamp and later filing for COS to F1, all of which will take time. Also, since you say it is a PhD it is going to span multiple years, and during this span if you ever have to leave the country and travel outside, you will have to go through the stamping process so as to re-enter anyways.

The problem with stamping F1 is, H1 is sponsored by my employer and hence they will not like If i am entering on F1, eventually i am will not be eligible to work. Also i have not yet received i20. University will issue only when i submit them financial proof which I am planning to submit after I get my h1 stamp and come back to US. I understand I will not be able to travel outside US unless after my status gets changed to F1. but I think that will be only for 5-8 months. Until then I will have dwelve into my studies which I think will be good. what you think?

[scientist2016]

H1, by definition, is always sponsored by an employer. If you file for COS after coming to the US, etc., it will take time, and you definitely will not be able to do it for the fall semester. So your best bet would be the spring semester, that is, if your university is on the semester system.

[T_1000]

H1, by definition, is always sponsored by an employer. If you file for COS after coming to the US, etc., it will take time, and you definitely will not be able to do it for the fall semester. So your best bet would be the spring semester, that is, if your university is on the semester system.

If my H1 petition is approved but if I am in India. If my employer doesn't want me to work in USA for some reason, then Can i travel in US to attend school on H1b visa without deputation letter?

[scientist2016]

No. H1B is supposed to be for work. If you travel on H1B but attend school, that would be misusing the visa, and is illegal.