Legal Question in Immigration Law in India
Hi,
I am currently in india.have h1b with visa stamped ,was in US for one month.Due to recession , i had to come back. Now I have got a I 20 from a good university in US.I have two questions
a)Do i need to apply for change in ststus from h1b to f1 in india.For this do i have to got to US consulate gain to get my F1 stamped.
b)If f1 is is refused will it affect my h1 status.
Thanks
2 Answers from Attorneys
no, in case your F1 is refused, it would not affect your H1 status. as you are in india, you may apply the same here itself.
If for any reason you are denied F-1 in India, they may also cancel your H-1B. Therefore, you may better enter USA on H1B, join your job and seek leave on loss of pay for joining the school where you have been admitted. It is legal to pursue studies on H-1B and F-1 may not be necessary. However, change from H-1B to F-1 is easier through the office of ISSO in the school after you join there.
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