QUESTION

My pre-completion OPT EAD is valid until Dec and may get cap-H1B approved soon but I want to continue OPT-F1 visa till Dec. How to keep F1 status?

Asked on May 26th, 2013 on Immigration - Indiana
More details to this question:
My F-1 visa is valid till Dec 2016. I believe there is something called Change of Status that would change my F-1 to H1B automatically. How to avoid it? I want to continue in F-1 even if my H1B would get approved. I also don't want to cancel my H1B from getting approved because it will help later to get H1B again without needing to go through cap again. Please let me know. Thanks.
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1 ANSWER

Immigration Law Attorney serving St. Louis, MO
Partner at CoxEsq, PC
2 Awards
The validity period of your F-1 visa is irrelevant to your authorized period of stay in the US.  You can change status from F-1 to H1B, but you have to apply for it.  You can't continue in F-1 status past your OPT expiration unless you go back to school.
Answered on Jun 10th, 2013 at 1:02 AM

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