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I came to the US in 2009 and completed my Master of science in Computer Engineering in 2011. I worked with a semiconductor company from 2011 to 2015 (I changed locations in 2013 but worked with the same employer).

I had to move back to India as my marriage ended in 2015. I had my support system back in India and hence moving to India turned out to be really helpful.

I recently came back to the US on an F1 visa and started my PhD program in January 2018.

But I realized that a PhD is not a piece of cake and it is a lot harder than I thought it to be. So I started applying and found an employer who filed for an F1 to H1B visa transfer.

  1. Is this allowed? F1 to H1B while pursuing graduate studies?
  2. I remember giving my marital status as "single" instead of divorced. Will this be an issue while the I-129 is being processed?
  3. Are there chances of a H1B rejection because I am on an F1 visa?
  • MS in CE? Is that a Master of Science? Computer Engineering? Chemical Engineering? – phoog Jul 22 '18 at 5:07
  • Master of Science in Computer Engineering – Rahul D Jul 22 '18 at 6:34
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Regarding #2, the I-129 instructions say:

If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-129, we will deny your Form I-129 and any other immigration benefit.
In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

While single vs divorced perhaps isn't a very big difference, you should at least inform your employer or attorney who filed the I-129 that you realized there may be this mistake. Doing so also makes it clear that it's a mistake and not intentional.

  • Hi Krubo, I have informed them. – Rahul D Jul 20 '18 at 21:48
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  1. There isn’t a defined F1 to H1 pipeline. You’re filing for an H1 change of status which may or may not require to leave once and re-enter. You won’t get any special priority because you’re in an F1 and because your employment isn’t in academia, you’ll likely be subject to the H1 quota

  2. Single vs divorced only matters if you might have kids that you’re bringing in. You can clarify later on during an interview if you get that far.

  3. H1bs are subject to an annual quota and lottery process. You should consider what you’ll do if you don’t get the H1. You’ve now signaled immigration intent so that makes future F1s possibly a bit tougher.

  • Thanks for the response. 1. I will not come under any quota as I already had a previous H1B. 2. I understand this is better 3. Signaling Immigration Intent because I am transferring from F1 to H1B? – Rahul D Jul 20 '18 at 17:44
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    A small correction of terminology: adjustment of status only refers to permanent residency, not H-1B. An H-1B petition can either request change of status without leaving the US or consular processing to get an H-1B visa abroad. – krubo Jul 20 '18 at 21:34
  • Do you think change of status is something they can deny? Considering a case like mine where I have studied in US and worked here. But had to go back to india for personal reasons and now I have decided to start working again here. – Rahul D Jul 20 '18 at 21:49
  • Usually H-1B approval or denial depends mainly on that you're eligible and the employer and position is eligible. From what you said, it sounds like you're eligible, as long as you continue to maintain your F-1 status until H-1B is approved. – krubo Jul 21 '18 at 0:39
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    @RahulD they can absolutely deny change of status; that's why you have to file for it. But if it is granted you certainly will not have to "leave once and re-enter"; that is inherent in the definition of change of status. – phoog Jul 22 '18 at 5:10

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