I have an approved I 140 and my H1B is valid till 2022. I am applying for B school admissions for programs starting next fall.
Does anyone have experience with going back to F1 Visa while on H1B with an approved I 140? If so, did you file change of status in US or did you go to India for stamping?
Let’s say I get an admit and the univ gives me an I 20. I then go to India to get the F1 Visa stamped. I haven’t quit my job yet, so H1B is still there. 2 scenarios:
2.1 F1 is approved and life is good.
2.2 F1 is rejected. Can I still come back on the H1B ?
Please share any experience you have had with this.
When you for F1, you need to demonstrate non-immigrant intent. With H1B, you have dual intent. Read Dual intent vs Non-immigrant intent…This is the tricky part with visa stamping…
When you go for stamping, it is up to the discretion of the visa officer to either keep H1B like that or put a stamp calledCancelled without prejudice, so hard to say…
It is a risk you need to take, if you want to travel out and in as you would need F1 visa for travel…
Technically, you should be Ok to come back on H1B as it is dual intent…even, if they put that stamp, you can attend stamping again for H1B and then come back…So, worth a shot…
Talk to your employer’s attorney as well and then make a decision.