Going to back to School : H1b to F1 to H1b


Sai_K

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I'm currently on my H1B working full time with a company. My H1b will expire on Oct 1st, 2020. My company has start the green card process for me but I have not received the 1-140 yet. I'm thinking about going back to school for another masters in Fall 2020 for academic interest. I'm trying to understand how the visa would work in this situation. Note that I was previously on F1 visa and used up for 12 months + 24 months (did not completely utilize the 24 months) before I was picked by h1b lottery.

From a visa point of view, is this a good idea? Is it possible to get another OPT after my masters? How about h1b? Would it be possible to another H1b or an extension of h1b? 

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I feel it is good idea depending on the school and course you want to do. I feel each masters will give OPT but I may be wrong.

First of all understand one thing, it looks your existing approved H1B petition will end on Oct 1 2020. So normally, people will apply for another extension by 6 months before of H1B expiry so in your case after May 1 2020 you can apply for another extension.

Without I140, you can apply H1B only for 6 years. But if you get I140 approved with in 6 years you can keep on apply for extensions/amendments.

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4 hours ago, gopalakrishnach said:

I feel it is good idea depending on the school and course you want to do. I feel each masters will give OPT but I may be wrong.

If a person has used OPT, the person can only get another OPT for a higher educational level. 8 CFR 214.2(f)(10).

Further, if an I-140 has been filed it is pretty much impossible to get an F1. The F1 does not allow immigration intent, but the I-140 shows that the person has immigration intent.

Edited by JoeF
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