Immigration Issues/H1B - F1 - H1B


Dear Mark,
I am on a H1B visa but will be layoff in 3 weeks time.  As  it's going to take awhile for me to find another company to sponsor my H1B until the economy sees some recovery, I prefer to go back to school and take up a full time Graduate School degree, which means changing from H1B to F1. Will I have any issues if:

a)  after converting to F1 and in the middle of my full-time degree program, a company would like to hire me and sponsor my H1, can I stop my degree program and change the status to H1 with the new company?

b)  do I have to leave the country just to apply for the H1 or can I continue my stay here (and not working) till I obtain my H1?  If I have to leave the country, how long will this approval process take?  If I can stay here, how long will this immigration process take?


a.  Yes.
b.  You should not have to leave the country to convert from F1 to H1.  It could take a few months to process the F1 to H1. You may want to premium process the H1 because in doing this you have a decision within 15 days.  The only drawback is that it costs an additional $1,000.00 for the service.
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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