F1 to H1b, but F1 needs to be stamped

[nsdiv]

Hi,

I'm currently on the F1 visa, but it is not stamped because I transferred from H4 to F1 and did not go to India in between. I have an approved I-797 for the F1 visa. My employer will file for my H1b visa in premium category this April. Hopefully it will get approved and I'll get the approval in 2 weeks.

I need to go to India in June, and so will need to stamp my F1 visa. I know it is not advisable to go, but this is a family emergency and I need to go.

Question - If the F1 visa is stamped, will my H1b be still valid? Does the lawyer have to apply for a change of status from F1 to H1b when I come back? Is there anything special the lawyer has to do while applying for my H1b visa in April?

[shandan]

To avoid the situation of multiple visa's and the delima, do not file in premium processing, any ways even if you file in premium processing your visa will not start before Oct 1st, so let it take its own time to get approved, and if you still want it in premium processing at that point send a check for premium processing upon your return from India (if your H1 is still not approved in time for Oct start date). And for your India trip get F1 stampped and come back, this is just my two cent you should really take advise of an qualified attorney.

Also not sure if you are on F1, why do you want H1B filed right away why not start working on OPT and continue to be on F1 for another year and save on Taxes! - just food for thought

[kewl_guy]

If you completed your education (F1) and ready to work (H1), you will not get F1 visa when you visit India. If you didn't graduate yet, the only way for you is delay graduation till December. Your F1 may get approved in India. F1 approval is not guaranteed in India. You are taking a risk.

BTW, are you saying in March that you have an emergency in June? Come on man, emergency is something that arises at the time. Not 3 months in advance. Doesn't make sense, especially to immigration officers.

[rahul412]

I need to go to India in June, and so will need to stamp my F1 visa. I know it is not advisable to go, but this is a family emergency and I need to go.

Emergency?? 3months earlier, are you trying to fool USCIS??