H4 To Student Visa


aajan27

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Hello All,

             I have an important question regarding H1 B. Currently am in US in H4 Visa and have taken my GRE and planning to do my Masters. But also, am going to apply for H1B Visa this year. So If I get my H1B and I do my Masters, will this H1B be valid once I graduate and start looking for a jobs?

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Hello All,

             I have an important question regarding H1 B. Currently am in US in H4 Visa and have taken my GRE and planning to do my Masters. But also, am going to apply for H1B Visa this year. So If I get my H1B and I do my Masters, will this H1B be valid once I graduate and start looking for a jobs?

Yes it will be valid, but if your H1 is filed with COS then you will be on H1 from Oct 1st.

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But am planning to join MS as full-time course. When I contacted one of the consultant, he said "You can enter US only on one status.  Either H1B or F1.  If you enter on F1, then your H1B gets invalidated.  And vice versa.".. So am still confused about it.

That's correct. If you want to change your status to H1 after finishing your studies, you need to file COS to H1 status from F1 status.

 

And COS to H1 is nothing but a new H1 petition but its cap exempt.

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You can only have one status while in the US. A COS, as mentioned, is change of status. In your situation, if you are in F1 status, an H1 petition with a COS to H1 status can of course be filed.

The only thing that would get "invalidated" in a COS is the previous status, since you would be in a different status.

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I'll outline my case again-

Currently I'm on H4 visa.

I have applied to schools for Fall 2015 Masters program.Am awaiting decision from respective schools.It would be April 15th by the time I hear from them.
So I'm planning to apply for H1B this year.This would not be a Change of Status rather it would be a Consular approach.It would not be premium processing.
I also have travel plans to India from March 10th to April 15th.
If I get an admission in the school of my choice, can I take up my Masters while I'm still on H4 and best case if my H1 is approved, will I be able to use it post my one year graduate course?
Please advice.
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If I get an admission in the school of my choice, can I take up my Masters while I'm still on H4 and best case if my H1 is approved, will I be able to use it post my one year graduate course?

"will I be able to use it post my one year graduate course"

What do you mean by that??

 

But you can go to school on H4.

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If I get an admission in the school of my choice in June 2015, can I take up my Masters while I'm still on H4 and best case if my H1 is approved by October 2015, will I be able to use the H1 post my one year graduate course in 2016?

Yes. After your course completion an employer can file a cap exempt H1B petition and on approval you can work.

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