Changing from F-1 to H-1B status without completing the study?

Question

I am currently enrolled in a graduate (phD) program in US. Recently, I got H-1B approval based on my undergraduate degree from my home country. Now I wish to join that employer on H-1B status beginning October 2008. However, can I leave my PhD program before october (say in July 08) without completing the degree ?

Will I have problem maintaining a continuous status if I leave my studies early and take a 2 months break (but live in US during that time) and then join the work in Oct 08?

I will appreciate the responses. Thank you

Answer 1

If you leave your course of studies before you change your status then you will be in violation of your F1 status and therefore would become inelgible for your H1B.

You have three options.

1) Maintain your course of study until September and then file for AOS but do not leave your school until you have filed.*

2) Leave your school and then return home for your H1B when the time arrives.

3) AOS to a B2 (visitors) visa and stay until it is time for you to file to AOS again in September. Bare in mind that this option will not permit you to work or study, so budget accordingly.

*A pending AOS will still maintain your F1 status until a decision has been made on the outcome. This is why I would choose option one, since once you have filed the AOS you may still continue your studies until it as been approved or you can drop out once it as been filed.

Answer 2

It is bit unusual for a student who is on F-1, visa pursuing PhD, leave his program and switch over to a job on H-1B visa. Is it absolutely necessary for you to start your working life before finishing your PhD?

Remember, education is the only way for people to go forward. Think twice before you jump.