Immigration Issues/Change of Status

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Question
Hi
I have a question regarding my visa.I am in USA.I am currently on F2 visa.I have applied for the H1B visa this year and through the  change of status.Can i also apply for the F1 visa this year.At this time can i apply for F1 visa as a change of status.USCIS will accept my application of F1 visa as a change of status while they still have one of my application for H1B as a change of status.
Thanks
Gargi  

Answer
Hi,

If your H-1B petition is approved, you will be granted change of status automatically on October 01, 2007 (that was probably the start date requested on the H-1B petition, as the visa cap precluded requesting an earlier start date).

Therefore, if you want to continue your F-1 status, you will need to withdraw the H-1B petition. Do not withdraw the petition without speaking to the international student advisor at the university and obtaining new I-20 etc. The student advisor will also assist you with filling out Form I-539, if required, in order to continue being in F-1 status without interruption.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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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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