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F1 to H4 and H4 to F1 again

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  • F1 to H4 and H4 to F1 again

    I have completed my MBA being on F1 and did my OPT. My H1 got denied with a reason that the company is too small. Since the the OPT got over, I converted my visa to H4, as dependent of my spouse.
    Now, got admitted to ITU University, and planning to apply for my F1, so that I can get H1B applied in coming April. Do you think, there would be any issues in getting F1 right now or would there be any issues with H1B ?

  • #2
    If it is a justified degree I do not see any problem. However, if you are planning to get CPT based on this, it might cause some issues. I will not rcecommend using a CPT. You can retry the H1B next year for a different position (more technical).
    Good Luck
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

    Comment


    • #3
      Originally posted by shah View Post
      If it is a justified degree I do not see any problem. However, if you are planning to get CPT based on this, it might cause some issues. I will not rcecommend using a CPT. You can retry the H1B next year for a different position (more technical).
      Good Luck
      Thanks!
      The degree I am going for is MBA again. I have already left my old company since I am on H4 and will be looking for a different employer, once I get my F1.

      Comment


      • #4
        I will recommend going into STEM. Science, Technology, Engineering or Math. Having another MBA will not really be a good idea
        Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
        Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

        Comment


        • #5
          Originally posted by shah View Post
          I will recommend going into STEM. Science, Technology, Engineering or Math. Having another MBA will not really be a good idea
          Any specific reason behind that? Cuz I have already got the I-20 for MBA, I am not interested in STEM stream and since my OPT is already used, it doesn't help to get the benefit of extended OPT that comes with STEM. So, how should be STEM helpful

          Comment


          • #6
            Because with MBA unless you obtain a job in a sizeable company you might never get the H1B. Moreover, lately USCIS have been monitoring most of the small schools such as Heguan and of course TVU. If you just want to go to school then move on H4. But the CPT is always the dangerous path if abused!
            Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

            For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
            Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
            Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

            Comment


            • #7
              I see...but do you think from USCIS perspective it's risky for me to go for MBA again and get F1?

              Two more important questions I have-
              1. If I apply for F1 now and in the worst case if I don't get the approval by April, can I still apply H1B in April when F1 is also applied?
              2. I am showing my own account statement for my education expenses, but since I am on H-4 now and don't have any income, is it risky to show my account statement or should I send my last year's W-2 as the proof of money in my account.

              Comment


              • #8
                Originally posted by jen View Post
                I see...but do you think from USCIS perspective it's risky for me to go for MBA again and get F1?

                Two more important questions I have-
                1. If I apply for F1 now and in the worst case if I don't get the approval by April, can I still apply H1B in April when F1 is also applied?
                2. I am showing my own account statement for my education expenses, but since I am on H-4 now and don't have any income, is it risky to show my account statement or should I send my last year's W-2 as the proof of money in my account.
                Yes, it is risky because common sense dictates that you do not need another MBA.

                If you do not maintain the f1, you might be able to apply but will have to leave and come back.

                You can show your account statements as long as the work was legal.

                At this point, a full consultation might be appropriate in your case. There are many issues we cannot discuss on a public forum. Please call 510 742 5887, to schedule a consultation.
                Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                Comment


                • #9
                  Thanks a lot Shah, all the information you provided is really helpful. I'll be contacting for consultation as well.

                  Comment


                  • #10
                    Thank you.
                    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                    Comment


                    • #11
                      Y would you get another MBA? it does not make sense.

                      Comment


                      • #12
                        Originally posted by jen View Post
                        I have completed my MBA being on F1 and did my OPT. My H1 got denied with a reason that the company is too small. Since the the OPT got over, I converted my visa to H4, as dependent of my spouse.
                        Now, got admitted to ITU University, and planning to apply for my F1, so that I can get H1B applied in coming April. Do you think, there would be any issues in getting F1 right now or would there be any issues with H1B ?
                        Our Video Answer
                        Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                        Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                        Comment

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