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I have been working for Company A for about 3 years and my employer had filed an extension which got denied recently. My first H1 and I-94 have already expired. Before getting a denial, I got a transfer initiated by another employer B and currently that is filed in premium. I talked to a couple of immigration attorneys and they told me that I am legally allowed to stay in the country since I have filed a transfer before getting a denial for my extension petition.

But if I get a denial even for the H1 B transfer through employer B, what will be my options?

1) Can I get an admit in a University and convert to F1?

2)If I go back to India, will I be able to come back again with a new petition and be exempted from lottery?

3) If I change my Visa to F1, will I be still cap exempted for future H1 petition?

Please help me with the situation
asked in H1B Visa by (120 points)

2 Answers

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Conversion to F1 would be correct step but I hope you won't need it. H1 track follows its own pathway - you will be cap exempt.
answered by (76.7k points)
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I'm in the same boat and my h1b visa extension is denied and previous visa expired on 07/10. What did you end-up doing to stay in the U.S.  and were you able to transfer to F1 status? Please confirm ASAP


answered by (160 points)

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