Immigration Issues/Immigration

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QUESTION: Dear 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.And if the F-1 approved first and later that pending H-1 get approved then  then my status will be H-1.

Please help me out.
Garima





ANSWER: Hi Garima,

F-1 application can be filed now. However, you should not withdraw the pending H-1B application. For you to be granted change of status to F-1, Co. B's H-1B petition must be approved. The H-1B petition will hopefully be approved prior to F-1 approval. (If for some reason the H-1B petition through Co. B is approved after F-1 approval, you will be back in H-1B status, and then the way to activate your F-1 status will be to travel outside the U.S. and apply for F-1 visa at a U.S. Consulate [in most cases in your home country]).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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

QUESTION: Hi Sir

Since the H-1 transfer was done on Dec 20 but still the H-1 of Company B is still pending and I donot have any paper of company B but I am still working with company A so I donot understand why the H-1 petition of Company B should be approved in order to grant me the F-1 status.Please help me out.

Answer
Hi Garima,

Actually, I stand corrected. Since you are still continuing to work for Co. A (and I assume have not joined Co. B concurrently), then the F-1 application can be filed requesting change of status from Co. A. I recommend withdrawing the H-1B petition through Co. B (if Co. B's petition is approved after F-1 approval, then you will be back in H-1B status).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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