Urgent: Change of status: H1 to F1 filed and then potential employer got approval for H1 transfer

[hanutayal]

I filed for a change of status (from H1-B work visa to F1 student visa) in January 2012 and started studying for a full time student course starting Feb 20th while my application was still in processing.

A potential employer filed for an H1-B visa tranfer in March trough premium processing and the application was approved on March 20, 2012.

Now, i am not sure if my status is F1 or H1 as I do not know when the change of status was approved and if the H1-B takes precedence over F1.

[srikuppa]

I might be wrong, but I have the feeling that your H1-B approval will override F-1.

I have a question: Did you apply for a new H1-B or H1-b transfer. If you made a transfer, how did you explain USCIS about your employment gap between Jan & March? Please let me know. I am in a similar situation.

Thanks,

Sri

[vikramrathode.r]

OK ...Which ever status is approved last will be in to effect ..For example If F-1 is approved after H-1B then F-1 will come into effect,but let say you got your H-1B approved first then F-1 then technically your are on F-1 status ,however there is a great chance of requesting USCIS to cancel F-1 so as to go ahead with H-1B ....it would definetly work ..consult attorney ASAP