H1 to F1 to H1 after 6 years cap

USA F1, F2 Visas - CPT - OPT
1

This is my unique case and wanted to know any experiences or suggestions that I need to make sure. Thank you, everyone, in Advance.

My H1 6-year cap is expiring this Jul-2019 and my employer(Full time & University) is willing to start my GC process.
I am also halfway through my Masters in the same university which I am doing evenings(not to affect my Fulltime employment) and have a chance to go on F1.
With current timelines, I may get PERM approval between Dec-2019 to Mar-2020.

  1. Can I go on F1 now, be on part-time, till my I140 gets approved?
  2. As I will consume all my 6 years on H1B, Will my employer be able to file Change of Status - F1 to H1B next year - with my then approved i140 or will it become a fresh H1B petition?
  3. If I convert to F1 by this May leaving some 2 months on my H1B 6year cap, will my employer be able to file the change of status - F1 to H1B next year - along with a valid i140?
  4. Instead of being on part-time during this time, Can any OPT or CPT will allow me to be on full-time employment?

Consider my employer is with me, supporting all through this process and I have no audits/denials whatsoever.

2
  1. You cannot be on F1 and study part time. F1 is full time study and full course load. You cannot work as well on F1.
  2. Well, you need to discuss with your attorney on this part, as in general to be eligible for H1B extensions beyond 6 years, you need to have labor filing made 365 days before or have I-140 approved. Read Official USCIS Document
  3. This one is again tied to the above one, you need to meet the requirements. Discuss with attorney.
  4. If you have OPT and your role is in the same field of study, you may work full time…

Discuss with your attorney and make an informed decision.

1 Like
3

Thank you Kumar.
your inputs and the document were useful!

1 Like
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Hi Kumar,

I have the same situation, am planning to switch to F1.

Could you please share your experience and how you tackled it?

Appreciate for any inputs. Thanks!