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.

I would suggest that you keep your options open.  As you do not know if you will be accepted to Ph.D. program, probably you should have your employer file for an H1B and take it from there.  If the H1b is approved and you later get accepted for Ph.D. program you can file for change of status back to f1.
Good luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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