Change of Status from H-1 to F-1 and Back

[sj2195]

Hi,
I was in H1 status for 4 years.In June, I had applied for change from H-1 to F-1 to attend a educational program and have been studying full time since. That status is still in processing and not approved yet. However, I now got a very good offer from another company and want to change my status back to H-1 and attend the program full time. Can I ask the company to file the transfer from F-1 to H-1 and start working at the firm and study part-time at the program?

I know this is complicated because of so many things happening. I would really appreciate if you could provide any advice of best way to go about this.

thanks everyone,

Sam

[T53147]

You have a problem because without approval, you are not in F1 status.

Your easiest way to move to H1B is to exit the US and reenter with an approval notice from the new company. Since you applied for COS, leaving while it is in processing results in you abandoning the request.

Consult an attorney if this is not an option you like.

[sj2195]

You have a problem because without approval, you are not in F1 status.

Your easiest way to move to H1B is to exit the US and reenter with an approval notice from the new company. Since you applied for COS, leaving while it is in processing results in you abandoning the request.

Consult an attorney if this is not an option you like.

Thanks for your suggestion. However, there is a problem with this. I have been studying full time (not working) since May and still waiting for F-1 status change approval. Now if I leave the country, what will I say if they ask me what I have been doing for the past 3-4 months?

[T53147]

Rule # 1: Never lie to US immigration officers. Most often the effect of the lie is worse than the effect of the original offense.

If you are ever concerned about an immigration situation - especially if there is something "unusual" with it, it is always in your best interest to take all of your documents and engage an attorney for a review of you specific circumstances.

[sj2195]

Thanks for your suggestion. However, there is a problem with this. I have been studying full time (not working) since May and still waiting for F-1 status change approval. Now if I leave the country, what will I say if they ask me what I have been doing for the past 3-4 months?

Secondly, could there be a problem with my H-1B approval from USCIS in this particular situation? Is it best for me to wait for my F-1B approval, then apply for transfer to H-1B?