I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?


Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action taken is the one that controls one’s status. For example, if an H1B and an F-1 change of status were pending at the same time, and the H1B was approved before the F-1, the individual would change to H1B status. If the F-1 application was then approved, the person would then convert to F-1 status. Generally, if one status is approved and the individual no longer wishes to change to the other status, s/he would need to take immediate action to withdraw that alternate application. (18.Mar.2019)

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