H1b to F1


Jaykumar01

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Hello,

 

I got my F1 visa in 2010 which is valid till 2015. Currently, My H1b visa also got approved (Starting by this October 1st) but I want to know what is the process for me to go back on F1 and is my F1 visa still valid when I got my H1b approval?

 

Note:- My OPT started on January 2013 and valid till January 2014.

 


Thank you

 

Jay

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Hello,

 

I got my F1 visa in 2010 which is valid till 2015. Currently, My H1b visa also got approved (Starting by this October 1st) but I want to know what is the process for me to go back on F1 and is my F1 visa still valid when I got my H1b approval?

 

Note:- My OPT started on January 2013 and valid till January 2014.

 

Thank you

 

Jay

If your H1 was approved  with COS then you will be on H1 from Oct 1st.

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Because I am working as an contractor in IT. I am on bench from a long time. I just want to keep my options open in case if I dont get job soon, then I can go back on F1 and start working with CPT.

 

 

Thanks,

 

-Jay

Forget about CPT, if you can work on CPT then why did your employer filed for H1??

 

From Oct 1st, you will be on H1 and you need to get paid even on bench if you are on H1. That's H1 rule and your employer knows about that. If he is not paying you then you will be out of status for not getting paid on H1.

 

If you decided to go back to F1 then you need your latest pay-stubs since you are on H1 now.

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Because I am working as an contractor in IT. I am on bench from a long time. I just want to keep my options open in case if I dont get job soon, then I can go back on F1 and start working with CPT.

 

 

Thanks,

 

-Jay

Are you getting paid on bench? You know that on H1, you have to get paid all the time, right?

 

And forget CPT. An F1 is for studying, not for working.

No real university will give out CPT from day one.

Abuse of CPT will end your career in the US.

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I just thinking about the option of CPT because it is very easy to work anywhere on CPT status rather than being on H1b.

But CPT is NOT for WORK. And CPT is NOT a STATUS, F1 is your STATUS and CPT is part of F1 program.

If you can work on CPT then what's the difference between CPT and H1? why people apply for H1??

 

CPT is part of your F1 program, it is not for full time employment.  It is used for internship or if any F1 course needs practical training.

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Ok, But will my H1b not be automatically revoked bcoz my H1 started on october 1st and I am on bench and I dont know when I will get project?

And I also dont know that my employer will run the pay check or not?

In that case your employer is a fraud shady company!! They need to pay you on H1...if they don't then complain to DOL and throw them from here.

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Ok, But will my H1b not be automatically revoked bcoz my H1 started on october 1st and I am on bench and I dont know when I will get project?

And I also dont know that my employer will run the pay check or not?

From Oct 1st you will be on H1 and on H1 you need to get paid even when you are on bench. And you employer knows that, if he is not paying you then file a complaint against your employe for not paying you. If you are not getting paid on H1, then you will be out of status.

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Ok, But will my H1b not be automatically revoked bcoz my H1 started on october 1st and I am on bench and I dont know when I will get project?

And I also dont know that my employer will run the pay check or not?

The employer is required by law to pay you.

If he doesn't file a complaint with DOL on form WH4. The DOL will make the employer pay you.

Also, you should find a better employer if you don't get paid (you need to have a WH4 filed to be able to transfer the H1.)

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