Can I have both H1B and F1 visas active at the same time?

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Can I have both H1B and F1 visas active at the same time?

I am currently in India and have an H1B visa stamped. However I plan to pursue a master’s

degree in the US. Can I have both H1B and F1 visas active at the same time? How can I make

maximum use of both? Can the H1B be transferred to a F1 during school and back to H1B

when I start working?

Asked on January 22, 2017 under Immigration Law, Minnesota

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can have both visas in your passport but you can only have one status at any given time.  If you are going to pursue a master's degree full time you must be in F-1 status and once you start working it would have to be a change of status to H-1B through your petitioning employer.  The fact that you may have a valid H-1B visa in your passport is not necessary an indication that you are in valid H-1B status if you do not have a H-1B employer at the time.


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