What if H1 gets approved after F1 i.e. after getting an admit from university?

[tilakabhijit]

My wife has who is currently on H4 has applied for H1B visa via an employer. Her application is selected through the lottery system and we are waiting on its approval. However, she is also planning for a Masters degree in case H1 gets rejected. The question here is, if H1 visa is not approved by August, and if there is a valid admit letter from one of the universities, and if we do opt for an admission. What happens if H1 gets approved after that? Can we just hold that H1 or will it get void because of the new F1 student visa that she will get? How does all this work out?

[jairichi]

My wife has who is currently on H4 has applied for H1B visa via an employer. Her application is selected through the lottery system and we are waiting on its approval. However, she is also planning for a Masters degree in case H1 gets rejected. The question here is, if H1 visa is not approved by August, and if there is a valid admit letter from one of the universities, and if we do opt for an admission. What happens if H1 gets approved after that? Can we just hold that H1 or will it get void because of the new F1 student visa that she will get? How does all this work out?

Why don't you upgrade to PP and find the outcome of H1B petition to help you take a better decision?

[rahul412]

My wife has who is currently on H4 has applied for H1B visa via an employer. Her application is selected through the lottery system and we are waiting on its approval. However, she is also planning for a Masters degree in case H1 gets rejected. The question here is, if H1 visa is not approved by August, and if there is a valid admit letter from one of the universities, and if we do opt for an admission. What happens if H1 gets approved after that? Can we just hold that H1 or will it get void because of the new F1 student visa that she will get? How does all this work out?

Getting F1 after filing for H1 is risky unless and until you have a genuine reason why you want F1.

[Monk1910]

Don't apply for a change of status from H4 to F1 right now. Wait till you hear back about the H1b. Upgrade it to premium processing.

 

Since you have an admit, you can just leave the country and enter on a stamped F1 visa right before classes start in August. 

[tilakabhijit]

Thanks for all the replies. I am a little against spending more money on H1 premium processing, since we may not go for H1B. Her H1 is being applied by a small employer, and there are more chances of her getting RFE or rejection because of her profile. 

 

The safe way to get a job is via Masters, and H1 is our backup. She is currently on H4, and she may get her admit also on H4. My question then is, what happens to the H1B visa if she goes for Masters instead of working with that small firm? 

[jairichi]

Thanks for all the replies. I am a little against spending more money on H1 premium processing, since we may not go for H1B. Her H1 is being applied by a small employer, and there are more chances of her getting RFE or rejection because of her profile. 

 

The safe way to get a job is via Masters, and H1 is our backup. She is currently on H4, and she may get her admit also on H4. My question then is, what happens to the H1B visa if she goes for Masters instead of working with that small firm? 

Employer would have to revoke her H1B petition. But, later any employer can file a cap exempt H1B petition anytime and get approval.

[rahul412]

Thanks for all the replies. I am a little against spending more money on H1 premium processing, since we may not go for H1B. Her H1 is being applied by a small employer, and there are more chances of her getting RFE or rejection because of her profile. 

 

The safe way to get a job is via Masters, and H1 is our backup. She is currently on H4, and she may get her admit also on H4. My question then is, what happens to the H1B visa if she goes for Masters instead of working with that small firm? 

Then why did you filed for H1?? You should have told that employer before filing the H1. You have indirectly ruined one genuine H1 candidate's life. How did that sane employer filed for H1 when that job doesn't even matches your profile?

 

Nothing happens to H1 if she goes for Master's.