Immigration Issues/Immigration

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Question
Dear Sir

While changing the status from H-1 to F-1 whether the USCIS will also notify to the company that the employee is changing the status from H-1 to F-1 and the company which I  had the H-1 the paper was signed by American director now the director has been changed and now the Indian person is the director because that time the Indian Person is not a green card holder and now the Indian person has the green card so he is running the company and the letter which I will get will be signed by that Indian person so INS will suspect and call the company to verify it or not.Because the company which I am working is the consulting firm.


Answer
Hi Rajani,

Your H-1B employer will have no knowledge that you have filed an application to change status to F-1 (unless you decide to tell your company, of course).

The USCIS will consider whether you have been maintaining H-1B status before approving the F-1 application. This is shown through attaching recent pay stubs issued by your H-1B employer and attaching these pay stubs to the F-1 application filed with the USCIS. The USCIS does not care about the company's director or officers, so change of management or personnel will not be a problem.

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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