Can apply F1 and H1 In parallel

My wife’s on H4 VISA, Currently we are thinking to apply for F1 for her studies.

Her new employer is planning to apply for new H1B in April 2016 - for a start of work from Oct 1st, 2016. My questions are below:

  1. Can we apply the F1 for her now , and in April 2016 can Employer file H1 ? Is there any impact on H1B filing

  2. While the new H1B application is pending, can she apply for a H4 to F1 transfer? We want to do this to save on H time in US.

  3. Would it be a problem to get H4 transferred to F1 during this period?

  4. If the F1 is approved and H1-B is approved too, Can she just start working based on H1B VISA?

  5. She probably would stop studying if her H1 is approved - should the F1 VISA be reported as non-used or something else to Homeland Security?

Thanks for your help.

  1. Yes, F-1 can be filed now and H-1 can be filed later next year

  2. Her H-1 will be in pending status after April 2016. Does she want to file F-1 after April 2016? Remember only the time spent inside US on H-1 is counted towards the 6 year cap. H-4 time doesn’t get counted

  3. See 1 and 2

  4. There is something called Last Action Rule. So the petition which was approved later or has a later effective date will determine her eventual status.

  5. No action required on her F-1 once her H-1 status is activated. She can just let her school know.

Thanks Saurabh for the answer.

When it will be good to file F1 for her ? Her first priority is having H1 visa but because of H1 lottery, we are worried.

Thats the reason thinking to file F1 so that she will not sit ideal for a year.

How much time usually take to get F1 COS from H4 ?

There are schools that allow one to study even on H-4. Check w/ your shortlisted schools and see if they allow her to enroll on H-4.

If she doesn’t get into H-1 lottery next year, she can move to F-1 so that she can at least avail CPT/OPT and become qualified for advanced degree cap later.