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Immigration Issues/Transfer F-1 to H-1 in oversea


I currently enroll as a student in graduate school. SO, I am in F-1 status. Meanwhile, I am applying premium H-1B now.

When my H-1B got approval in April, can I stop my class, then go back to my country, and use my H-1B to entry U.S at September 15?

My attorney said that I have to stay in U.S, keep my F-1 status until 1st of Oct, then change my F-1 status to H-1 status in U.S. Or else, I have to re-do my H-1.

Please advise.  

Since you have retained an attorney, I would suggest that you reconfirm with him exactly why you could not re-enter the United States with a valid H-1b.  There might be some fact that you did not mention in this email that your attorney is aware of that you have not told me.
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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