Legal Question in Immigration Law in India

H1B to F1 transfer

After my undergrads I had applied for an F1 visa and it got rejected. Later I joined a Indian company and got my H1B visa done. Currently I am working in United States on my H1B. Now I want to reapply for F1 visa for studying full time.

Now the question is what is the best way for getting a visa for me:

- Should I apply for a transfer from H1 to F1 here itself in US?

- Should I travel to India to get my F1 stamped?

- Should I travel to Canada OR Mexico for getting my visa stamped?


Asked on 4/27/07, 7:44 pm

1 Answer from Attorneys
Ricardo Vidal Law Offices of Ricardo Vidal, P.A.

Re: H1B to F1 transfer

The best way to do it is to change your status while you are here in the U.S. You don't need to leave the U.S. to do that. However, if for whatever reason you leave the U.S., you must re-enter with the new visa (F-1), not the H-1 visa.

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Answered on 4/28/07, 11:34 am


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