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Immigration Issues/Waiting for H-1, F-1 expired


Hello. I am waiting to receive approval of my H-1b and also had an
F-1 that expired Aug 1st. I did not return to school. My F-1
however was valid when I applied for the H-1 and received my EAC
number. Must I re-instate my F-1 status or is it ok to not return to
school? (I was told that I could do this). I have no money for school,
so I would like to know if it is utterly necessary to return to school
in order to get my H1-b1.


Your F-1 is only valid for the duration of status.  What this means, the moment you violated the terms of your F-1 your status as an F-1 terminated.  As you are well aware, you must prove you have the means and money to support yourself while attending an authorized school (valid I-20) you apparently are in violation, in addition to it expiring anyway.  In short, you are out of status and illegally in the US, regardless if there is a pending H1.  

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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