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Doubt regarding impact of F1 on H1 please help

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  • Doubt regarding impact of F1 on H1 please help

    Hi

    I am currently under h1 extension. My extension has been approved however I have to travel back and get it stamped. The issue is I will be applying for F1.

    If it gets rejected, is my h1 stamping going to get affected. And if my f1 gets approved can I go for h1 stamping afterwards.

    Wanted to know the implication of F1 rejection on my h1 extension.

    Please let me know its kind of urgent.

  • #2
    Originally posted by jess_world View Post
    Hi

    I am currently under h1 extension. My extension has been approved however I have to travel back and get it stamped. The issue is I will be applying for F1.

    If it gets rejected, is my h1 stamping going to get affected. And if my f1 gets approved can I go for h1 stamping afterwards.

    Wanted to know the implication of F1 rejection on my h1 extension.

    Please let me know its kind of urgent.
    Stamping is not related.

    In F1 status you need to be full time student, in H1 status you need to be full time employee.
    If later you wish to stamp H1, you need to prove that you have a job and valid petition at that time.
    This is my opinion and not legal advice.

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    • #3
      thnx

      does this means that if I go for my F1 and it gets approved my H1 stands cancelled in that case ??

      Comment


      • #4
        There are 2 separate things. Visa and status. You need to be in a particular status if in the US. You need visa only if you want to enter US.

        You can change status while in the US by applying for change of status (I539) or you can go outside, acquire appropriate visa and enter using that visa. Once in a particular status you have to obey its rules.

        You do not have to go through lottery again unless you complete 6 years in H1 status. Any changes of status in between are immaterial. Any cancellations in visa stamp or petition are also immaterial. But you need to have a job and petitioning employer to claim that 6 year period.
        This is my opinion and not legal advice.

        Comment

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