Visa stamps for both H1 and F1 together? Please advise

[niks]

Hi,

I had an urgent question regarding holding an H-1B and an F-1 visa at the same time. I currently work in the United States and I am on an H-1B (my H-1B visa expires in late 2014), and I will be going to India for my F-1 stamping Suppose that I get my F-1 visa - can I request that my H-1B visa also be remain in my passport and that they not cancel my H-1B visa? My plan is below - is this feasible?

My plan is as follows:

1. Go to India for F-1 stamping, while maintaining the H-1B at the present employer.
2. Get the F-1 visa stamp, and request them to not cancel the H-1B visa stamp that is in my passport because I want to go back to my company and formally resign and give them a 2 weeks notice/transition period
3. Come back to the US on H-1B visa, tell my employers I am resigning and work in the US for 2 weeks (which is our standard notice period).
4. Leave the US after 2 weeks. Employer will now withdraw the H-1B, and I'll come back to the US in July/August, when the F-1 visa begins.

Can the above be done? If so, at what point will the H-1B be cancelled? Will it be cancelled at port of entry in Step 3 above?

Thanks for your help.

[sunny1000]

Hi,

I had an urgent question regarding holding an H-1B and an F-1 visa at the same time. I currently work in the United States and I am on an H-1B (my H-1B visa expires in late 2014), and I will be going to India for my F-1 stamping Suppose that I get my F-1 visa - can I request that my H-1B visa also be remain in my passport and that they not cancel my H-1B visa? My plan is below - is this feasible?

My plan is as follows:

1. Go to India for F-1 stamping, while maintaining the H-1B at the present employer.
2. Get the F-1 visa stamp, and request them to not cancel the H-1B visa stamp that is in my passport because I want to go back to my company and formally resign and give them a 2 weeks notice/transition period
3. Come back to the US on H-1B visa, tell my employers I am resigning and work in the US for 2 weeks (which is our standard notice period).
4. Leave the US after 2 weeks. Employer will now withdraw the H-1B, and I'll come back to the US in July/August, when the F-1 visa begins.

Can the above be done? If so, at what point will the H-1B be cancelled? Will it be cancelled at port of entry in Step 3 above?

Thanks for your help.

The U.S consulate will cancel your H1 visa if your F1 is approved. Why can't you resign and then go get the F1 visa stamped??

[niks]

Thanks for your reply sunny. I have been in the US for 10+ years on multiple visas (H-4, F-1, and now H-1B), and my parents are here as well (although we have property back home in India). Therefore, there is a chance that my F-1 visa gets rejected because of the "intent to immigrate" reason. In the event that my F-1 visa get denied, my plan was to come back to the US on the H-1B visa, and begin change of status from the US itself.

If you dont mind, I had a couple of followup questions:

1. Since my H-1B is valid until late 2014, is there a way for me to appeal to the VO to not cancel my H-1B visa (I only need to keep the H-1B to go back to US and resign)? I have heard of a case where a person had a valid H-4 and F-1 visa, and another had a valid B-1 and L-1 visa. I am not quite sure how they were to have that.

2. If my F-1 visa gets rejected, is there a chance that my existing H-1B visa will also get cancelled? Most people I have talked to say no, but they also say that it depends on the visa officer.