Immigration Issues/H1 to F1


I have done my masters and my opt started since jan 2009. I am waiting for my admission in PhD which will be confirmed around in July 2009. I have an employer who can file my H1 in april 2009 but I want to pursue my phD rather than continue with my current job. but I am not sure about my
phD admission. what should I do regarding filing my H1???
If I do not get admitted then I will be out of status between my opt expires in jan 2010 and I will file my H1 in april 2010.
Is there any way so that I can do cancellation of H1 file and get my processing fees back when I will sure about my admission???
If I get my H1 in oct 2009 and start my PhD in jan 2010 ..what happens to my H1?? will I be able to use my rest of the time of H1???
I really need help.
Thanks in advance.

Niket Patel,
1) You cannot get a refund of your H-1B processing fees.
2) You need to file for your H-1B under consular processing. If you are not sure to join your H employer or wish to continue with your Phd. Every new employer you decide to work for should file a H-1B application. You cannot use a single H-1B for multiple employers during the allowed six year period.

Ramasamy Krishnan

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


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,

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