L1 / H1 to F1


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Hi All,
My situation:

1. I have completed 4 years in the US on L1. Currently I am on L1B extension (I-94 only).

2. I am joining a B-School this fall and will be changing my status on premium mode so that my status changes to F1 by Aug 1st. By that time I would have completed 4.5 years in the USA.

3. My H1B has been filed in premium mode this year. Assuming I get selected in the lottery and H1B gets approved by May 30 , I will get new I-94 effective Oct 1st.

4. My PERM (labour to start with) is being filed by my company (which does not know that I am leaving the company soon) in May / June this year.


5.  I am not aware if my H1B has been filed in COS or Consular process.


6. If by chance my company has filed H1B in COS process. I will get approval for H1B by May end (As I have applied in premium) , but by July Mid, I will file COS to F1 in premium so the last action would change my status to F1 - Please let me know if I am wrong in this understanding.


My Questions:

1. Assuming my company filed a H1B COS and I get H1B approval starting Oct 1st .  Will my filing of COS from L1 to F1 in July supersede the H1B COS and the H1B become invalid ? (This is what I want to happen) . 

In case of any issue is there a way in which I can file a COS to F1.



2. Need be I am also ready to travel back to India in July and get F1 visa stamped and come to USA in August (if doing a COS in the US is an issue). Would even in such a case my H1B visa become effective in October 1st , although I would not have done my H1B stamping and enter the USA on F1 stamped visa(assuming it is approved by May 30) ?


Please kindly advise on what other options I have to ensure I get legal admission to the School and maintain legal F1 status in USA from Aug 1st.


Kindly guide.

Sincere Regards

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