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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28200
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I decided to go back stamping. Does my

Customer Question

For Judith,
I decided to go back for F1 stamping.
Does my status transfer to F1 when I enter the US with F1 visa or when I use the i20 to stamp for F1?Since my H1 is still pending, when will it be revoked? At the point of F1 stamping or when I enter with a F1?I assume I can only get one type of visa stamping from the embassy and enter with that specific visa type, let me know if wrong.
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Judith replied 6 months ago.
When you depart the US you automatically abandon your request for an extension of your H1B by law.So that extension request is voided.You should also ask your employer to withdraw the request for extension after you depart.You will get the F1 visa stamp.That will allow you to enter and have F1 status in the US.You can only have one status.You abandoned your H1B and were given F1 status on your entry. This is called the last action rule. Your last action was to enter as F1.I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 6 months ago.
Follow up: if I got approved for f1 stamping and didn't want to use the stamping to return. Instead I get another type of visa stamping later (B,L), can I just choose to return with one of the entry types? Will my F1 be revoked at some point if I get another visa type?How about if I come back with the F1 for the same school in a later semester? (not the semester I originally registered)I m trying to decide if I should go for f1 visa stamping immediately after I return or wait until I make up my mind on how and when to return.
Expert:  Judith replied 6 months ago.
If you change your mind and apply for another type of visa your F1 would be cancelled.You could be issued some other type of visa.You need to be sure of your direction and then apply for the visa. There is no guarantee that if you don't use the visa that the consul will issue you another one.JJudith
Customer: replied 6 months ago.
For the second option: can I get stamping for the fall semester and come back for next spring semester? Do I need to redo the stamping if so?
Expert:  Judith replied 6 months ago.
If the visa stamp is not expired and your SEVIS number remains the same for the I-20 for spring you do not have to get a new visa stamp.

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