H1B - F1 - H1B

[call2k7]

Hello, 

 

I have question in regards to my status. 

 

I have worked on H1B for 4 years in full time position, few months back I was lay off, so I applied for F1 (so as to maintain the status) at USCIS, so currently It has been 3 months, still my F1 haven't got approved (USCIS asked for more supporting documents, which I have sent them). Now I got a job offer, who are willing to apply for H1B transfer. 

 

so my question is,

 

1. As my F1 is still in process, can my new employer apply for my H1B transfer ? will it effect anyway ? will my H1B transfer can gets approved ?

2. If I get my H1B transfer approved, can I cancel my F1 process ?

 

Please advise. 

 

Thanks

[pontevecchio]

Let the new employer file a H1 petition with PP and once approved you leave and come back with the H1 visa, unless there is an I94 attached. Drive by F1 applications are not looked at in a good way.

[call2k7]

Let the new employer file a H1 petition with PP and once approved you leave and come back with the H1 visa, unless there is an I94 attached. Drive by F1 applications are not looked at in a good way.

 

Ok, I have another question.

 

1. So when should I cancel my F1 process, Is it when my new employer apply for H1B transfer or is it when my H1B transfer has got approved ?

[pontevecchio]

F1 status is only possible up to 30 days before classes start. When do your classes start?