Immigration Issues/Immigration

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QUESTION: Hi Sir

I am working on H-1 with Company A from Oct 2007 since I transfered to another Company B and now that is pending and I decided to go back to F-1 so it that will be a problem to go to F-1 by showing the H-1 approval of Company A and their pay stub coz I heard that I cannot file a change of status to F-1 when other H-1 transfer is pending this show that I am applying for two status at the same time.So did I had to wait for H-1 approval for company B or not.

Help me out please

Thanks
Garima

ANSWER: Garima,
You can file for your change to F with the copy of the approved H and the pending H receipt notice. As you continue to working for company A, I do not think the pending H application should be an issue.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

---------- FOLLOW-UP ----------

QUESTION: Hi Sir

Thanks so much. But I donot have any paper of company B so I just have the H-1 approval of Company A and recent paycheck so that will create a problem or not coz if my F-1 approved first and then H-1 pending approved later then my status will be H-1.

Please help me out

Thanks
Garima


Answer
Garima,
It is impossible to state what the USCIS will ask for, since you do not have your Company B receipt you need to file without it. As to the problem of the pending H since you continue to working for company A, I do not think the pending H application should be an issue for your COS to F even if approved later.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com  

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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