Immigration Issues/H1B - F1 - H1B

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Question
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?

Thanks,
Bryan

Answer
Bryan,
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
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

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,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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