Immigration Issues/Immigration

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Question
Dear Sir

Thanks for your free service. I am working on H-1 from Oct from company A and I transfer to another company B but that is pending and I am planning to go to F-1 status but I am still working for Company A. I donot have any receipt of company B. I am so worried when I apply to F-1 status the USCIS will suspect why I transfer to company B and they might reject my F-1. I am so worried did I had to wait for the approval of company B or I can apply right now to F-1 with company A approval and their recent pay check.

Please help me.

Thanks
Vijaya

Answer
Hi Vijaya,

When filing change of status application from H-1B to F-1, attaching recent pay stubs from Co. A is adequate. Moreover, H visa status is a nonimmigrant visa category, so the filing of an H-1B petition by Co. B should not negatively impact approval of the change of status application to F-1.

There is no need to mention the H-1B petition filing by Co. B when the change of status application to F-1 is filed. In any event, as noted above, even if the USCIS is aware that Co. B has filed, there should be no problem as you are maintaining H-1B status by continuing to work for Co. A.

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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