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I have an F1 visa, and I just received my H1B visa. I am applying for permanent residency, but I want to keep my F1 visa in case there is a problem with my H1B before my permanent residency is approved. Can I do this? Please advise.

2007-12-06 10:25:24 · 3 answers · asked by Willy Wolly Frog 1 in Politics & Government Immigration

Thank you for the answers you have provided so far. Let me add information to clarify. I am in the US. I entered with a B-2, then did a change of status to F-1. While maintaining the F-1, I applied for H-1B status and received it. I want to maintain the F-1 in case there is a problem with my H-1B while my permanent residency is pending. Is that possible?

2007-12-07 04:33:00 · update #1

3 answers

yes. it is possible and depends on you, if you want to hold F1 and H1B status at the same time, you must maintain your H1B status and enroll at least 18 credit hours per term in school. in my opinion, maintaining F1 status is quite costly.

2007-12-06 13:25:59 · answer #1 · answered by buckey 6 · 0 1

When you say that you have an F-1 visa and an H-1B visa, do you mean that you have two visas in your passport? Two separate nonimmigrant documents placed on two separate pages of your passport by a U.S. visa officer? If so, that's okay. You can have a visa on every page, if you qualified for each one.

An F-1 classification is not appropriate for an alien who has no intention of returning to the home country when their studies have ended.

You can only be admitted in or changed to one classification. If you entered as an F-1, and you changed to an H-1B, that's fine as long as you're maintaining your H-1B status. You cannot be classified in two nonimmigrant categories at the same time.

If you are an H-1B, and you have an approved petition for permanent resident status, that's all right too. If you are still an F-1, your intent to immigrate to the U.S. is not compatible with the F-1 classification.

What you didn't say is in which country you are right now. That would help a lot. It's tough to provide you with any other details without knowing where you are.

2007-12-06 19:33:48 · answer #2 · answered by Fred S 7 · 0 1

You can maintain both visas. You can work part time or full time on H1B, but you have to be full time student to maintain your F1. Most of people would like to maintain H-1B, since this visa is dual intent, meaning it is classified as nonimmigrant, but you are intent to immigrante.

2007-12-06 20:50:48 · answer #3 · answered by pianojangee 7 · 0 2

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