QUESTION

Change of status

Asked on Apr 01st, 2013 on Immigration - New Jersey
More details to this question:
If change of status application from f-1 visa to h-1b visa got abandoned due to travel international, can i reply for COS part of petition I am willing to travel international between April 1st to Oct 1st 2013. My employer has applied for COS from f-1 to h-1. if i travel, my h-1 application will get abandoned. can i reapply for COS part of petition after coming back to USA.. so that i dont have to go for H-1 visa stamping and continue working in USA
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The difficulty with your situation is that you cannot just apply for a change of status without again applying for the H-1B petition as there is no separate form for change of status as there was in earlier days. Perhaps you may be able to premium process your H-1B so the both the petition and change of  status are approved effective October 1st. In such case, you may be able to travel after the approval and before October 1st. Of course, there is the possibility that a CBP inspector may question you on the issue of nonimmigrant intent if he or she discovers that you have applied for and have been approved for H-1B status. As you know, F-1 students are not supposed to have an immigrant intent. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 19th, 2013 at 8:41 AM

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Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
The short answer to your question is no.  You'll have to process your H1B at a consulate.
Answered on Apr 04th, 2013 at 10:18 PM

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