Immigration Issues/Immigration

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Question
Dear Sir

I am working on H-1 from company A and I recently transfer to company B but that is pending right now. Since I am still working for company A I am planning to change my status to F-1 so can I change my status to H-1 with company A H-1 approval letter and their recent pay check since I donot have any paper of company B or did I had to wait for company B pending H-1 to be approved since I heard if my F-1 status approved first and then the H-1 of company B then I will again go back to H-1.

Please help me
Vijaya

Answer
Vijaya,

    You do not have to transfer to F-1 status while waiting for your H-1B petition by Company B to be approved.  If you are eligible, then you would be permitted to begin working for Company B after its petition for you is received by the USCIS.  I do not know who is assisting you in filing these petitions, but given the nature of your inquiry I would be worried that you are not getting good advice.  There are many potential problems in your situation, and this is probably not the kind of case you should try to handle yourself.  If you fall out of status you will have to return to your home country and start the process over.  Given that the H-1B visas run out very quickly each year, this would be a disaster.

Marco Pignone III
Getson & Schatz, P.C.
(215)520-4000

Immigration Issues

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Marco Pignone III

Expertise

Any question relating to immigration law.

Experience

Practicing attorney specializing in immigration for seven years.

Organizations
American Immigration Lawyers Association American Bar Association

Education/Credentials
J.D. with honors from the University of Florida College of Law

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