F1 to H4 and H4 to F1 again

[jen]

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 ?

[shah]

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

[jen]

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.

[shah]

I will recommend going into STEM. Science, Technology, Engineering or Math. Having another MBA will not really be a good idea

[jen]

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

[shah]

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!

[jen]

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.

[shah]

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.

[jen]

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

[shah]

Thank you.

[danello]

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

[shah]

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 ?

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