chadsgul Posted September 15, 2011 Report Share Posted September 15, 2011 I am currently on a H1C visa which expires on November 30, 2011. I am planning to file for a H1B visa in October 1st week, and at the same time I am applying for a change of status for a F1 Visa to start school in spring semester in January, 2011. My questions are: (a) Can I apply for both H1B visa and change of status from a H1C visa to F1 visa at the same time? (b) Am I allowed to stay in USA legally from a period of time after my I-94 expiration, till my change of status to F1 visa is pending for approval? © If my H1B visa gets approved, before or after when the school starts, then am I allowed to leave my F1 status and join H1B visa right away? Link to comment
redgreenbluee Posted September 19, 2011 Report Share Posted September 19, 2011 please consult a lawyer. it is important to submit your application before your current H1C I-94 expires, while your application is pending, you are allowed to stay and wait for a decision but you are not allowed to work with your current H1C employer after I-94 expiration. you can submit multiple COS application, but be aware that last action rule applies, meaning if you got H1B approval first and start working for your future employer and later on got your F1 approval, you will be on F1 and you are not eligible to work any more for your H1B employer. you can still go to school on H1B as long as you satisfy H1 LCA requirements. it is best to discuss with an immigration lawyer like murthy about your situation. Originally posted by chadsgul: I am currently on a H1C visa which expires on November 30, 2011. I am planning to file for a H1B visa in October 1st week, and at the same time I am applying for a change of status for a F1 Visa to start school in spring semester in January, 2011. My questions are: (a) Can I apply for both H1B visa and change of status from a H1C visa to F1 visa at the same time? (b) Am I allowed to stay in USA legally from a period of time after my I-94 expiration, till my change of status to F1 visa is pending for approval? © If my H1B visa gets approved, before or after when the school starts, then am I allowed to leave my F1 status and join H1B visa right away? Link to comment
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