H4 to F1 using H1's old petition

USA Study in USA
1

Hi Saurabh,

My H1 with my current employer is still in transfer and not yet approved. My previous employer’s I797 still has a validity for next 1.5 yrs. My previous employer also confirmed that he hasnt revoked it. In this scenario, my spouse is applying for universities to do a CoS from H4->F1. For this to happen, the I-20/SEVIS needs my H1 copies. Could I provide my ex-employer’s petition which is still valid? Or I have to wait till my current gets approved?

Thanks!

2

Well, you can submit both the current receipt notice and the previous approval. You should be transparent about it with DSO and tell the same. If you can wait, that is also fine, but you can speak to DSO at the school and make a decision.