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H4 to F1

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  • H4 to F1

    Hi Shah,

    Thanks in advance for your time and expertise.

    I came to US on H1b in 2007. Unfortunately my company never filed on time for my labor/PERM process for GC. I quit the company when I still had 5.5 months left on my H1b and moved to H4. (My older h1 was cancelled once I resigned)

    I am now looking at getting into F1 via a masters course and then working on OPT. Is that an option for me? Does F1 COS get more queries for one year masters?

    I gather that I would need someone to file my PERM while I am on OPT to continue working when OPT ends.

    Does the above plan make sense? Or are there any pitfalls?


  • #2
    Additional information

    Just wanted to add that the 5.5 months left on h1 was from the h1 maxout of 6 years in USA.


    • #3
      You should be fine but make sure you were on h4 before shifting to f1 because if you COS from f1 to H1, there is a chance USCIS continue counting the H1 and expires all the time left. You can file the PERM but because F1 is a non dual intent visa, there might be issues in renewing your F1. Feel free to call 510 742 5887 for a personal 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.

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