Will H1B visa still valid after I got F1 Visa outside US?

[wzlol]

I am planning to step outside the US to get F1 visa in advance for master study, and then returning back to the US with my H1B Visa to continue working; When it is near the start of class, I will resign, exit and then enter the US on my F1 Visa. 

The key point is that whether H1B visa can still be valid (not stamped with CWOP I assume?) when I am issued with an F1 Visa, and I really hope to have some advice regarding legality here.

My research: according to 9 FAM 403.9-2(c), it seems only visa of the same classification is mutually exclusive, but not sure if it fits in H1B and F1 case.

(Have consulted several lawyers, but their answers all vary. It would be great if anyone can supplement the answer with any legal reference 🙂 ) 

Thank you very much for reading!

[Zodiac System]

You can be on only ONE status at a time H1b or F1.  Since you are already working on H1b visa, you can join evening/weekend collage to study Masters.  Request your employer to start your GC processing so you have your I-140.  Good Luck.

[JoeF]

You won't be able to get an F1 visa until 30 days before classes start.

[wzlol]

On 5/4/2022 at 11:56 AM, JoeF said:

You won't be able to get an F1 visa until 30 days before classes start.

Actually, F1 can be granted within 120 days of the school start date. 30 days restriction is the date when you can use F1 to enter the US :).

Just want to remind you in case you mix them up in the future.

[wzlol]

On 5/4/2022 at 7:05 AM, Zodiac System said:

You can be on only ONE status at a time H1b or F1.  Since you are already working on H1b visa, you can join evening/weekend collage to study Masters.  Request your employer to start your GC processing so you have your I-140.  Good Luck.

Definitely. H1B is my current status, and it will not overlap with F1 status (on I-20 the effective date is 8.31) as long as I switch the status before F1 status takes effective, like early August. Is this correct?
I appreciate you suggestion on planning my Master study, but I have decided to make full-time commitment. Just want any insight on my posted question 🙂

[JoeF]

Another thing to consider: they often cancel other visas when getting a new one (they shouldn't, but often do.)

The bottom line really is that this is not a good idea.