transfer from H1b To F1--- H1B APPROVED BUT NOT STAMPING YET

I have applied for h1b for fiscal year 2008-2009 and my petition has been approved, but i have not applied for stamping yet, because my employer is not providing all documents which are needed for stamping. My employer has not withdraw my applicat…

I have applied for h1b for fiscal year 2008-2009 and my petition has been approved, but i have not applied for stamping yet, because my employer is not providing all documents which are needed for stamping. My employer has not withdraw my application yet.
Now I got admit in US uni for MS for the term of spring-2010 and applied for visa in mumbai consulate. having interview on 19. So my questions are..
1) Is consulate know I have applied for H1b earlier?
2) should I need to withdraw my h1b petition?
3) If consulate ask that earlier u have applied for H1b and now for F1 what should be my answer? because they know clearrely my intense to go USA.

If I ask my employer to withdraw my petition then I am sure he is going to ask money for that.

what should I have to do ?

Reply would be most appreciated..

No need to ask your employer to withdraw the petition. US consulate would definitely so don't try to hide anything. tell them your employer did apply if they ask but now you are interested in higher study. Just be honest as I don't think there is any issue in having H1B petition and then not using it.
Disclaimer : This information is based on my personal knowledge.

you might want to post this question or search for it in this website:

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they much more upto date on the visa issues..

good luck..

@ Rockfit

Thank you very much..
gujaratmba Says
Thank you for the details. it is of great help. MBA in India


No issues on this. Just be upfront and tell visa interviewer that you have a change of plan. H1B is a visa with dual intent and unless you have filed for I-140 (2nd stage in GC) I dont see a reason why you can be denied a F1 (which is a visa in non-immigration inten category).