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Immigration Issues/F-1 to H-1 while reinstatement pending


Dear Mark Ashley,

I am in a strange situation and I hope you will be able to advise and help me.

I have an F-1 reinstatement case pending with USCIS. I am now very near to
my graduation and I have a postdoctoral offer. The university is ready to file
for H-1B. I was wondering if it is possible to get H-1B COS while my F-1
reinstatement petition is still pending. I am graduating in 15 days, then I will
have to apply for H-1B.

Please advise me.

My reinstatement reason is that my supervisor was out of USA for a month
and I couldnt extend i-20 becasue of that. I have a letter from him confirming
this as well.

Thanks, any advise will be highly appreciated.

Look forward to hear form you soon.


You can apply for an H1B.  Note your H1b will be approved only after a decision is made on your F1.  If your F1 reinstatement is denied your H1 b will be approved and you will be required  to go out of the country for visa processing to reenter on an H1b.
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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