F1 to H1 to F1 to H1

[axg3450]

Hi,

This is my situation:

-Graduated from a renowned university in may 2011

-started working on OPT till April 2012

-got H1 approved and stamped in oct 2012

-got laid off in Nov 2012

-got I20 in Nov 2012 from same university in a graduate program from same field. In order to maintain legal status.

I have following questions:

1. Since F1 is still pending can a company apply for H1

2. Should I wait for F1 to be approved and then apply for H1

3. Will the whole situation negatively affect future VISA processing.

Any help will be greatly appreciated.

[rahul412]

3. Will the whole situation negatively affect future VISA processing.

Yes, because you joined in some school program, but didn't completed the program and applied for a job. So you have abused F1 rules.

[catx]

Simply getting an I-20 "from same university in a graduate program from same field" does not mean you had authorized stay in the U.S. If your F-1 visa is denied you will automatically have been out of status since you were laid off. A F-1 visa cannot be used as a way "to maintain legal status" (= immigration fraud).