QUESTION
Will I loose my F1 status if I get my H1 filed while still in college?
Asked on Sep 02nd, 2012 on Immigration - Florida
More details to this question:
I am on full time F1 student status and already have a masters degree from an accredited university in US. This is my second masters program in US.
I want to get my h1 filed next year April 2013 as right now, I work a full time job on a full time C.P.T. authorized by college so that I can quit my masters program in OCT 2013 and work full time on H1 status without going to college.
Is it legal to do this? After filing my application, will I be able to live and work legally in US without any break in my employment and status or in other words, can I maintain my full time F1 status and C.P.T. when my application is processed untill my application gets approved and my authorized date for h1 status commences?
1 ANSWER
2 Awards
Yes. H1B visas are dual-status. That is, they can be treated as immigrant or as non-immigrant visas. In this case, because you are in F1 status, the H1B application will be treated as a non-immigrant visa change of status application. You would not risk losing your student status just for applying. Of course, once the change of status application is approved and your H1B employment begins, you would in fact lose your F1 status and switch to H1B status, but that is the point of the application.
Answered on Sep 03rd, 2012 at 5:34 PM