Change in Scenario - Need Your advice again - Jim, Martha, Jaxen..

[agupt]

I recently was able to get admission in a college and was able to get I-20 - Currently I am on Leave of Absence.

Now my question is what are my options -
1) Should I apply for the student visa immediately - That would mean changing my status from H1b to F1.
2) Can I wait for another 30 days (the period for which I will be on leave of absence) before applying for F1 and try to look for another job - because once I change my status from H1 to F1 then to change F1 back to H1 is a whole different story. But other wise If somehow I am able to find another job within the next 30 days or if my company\'s financial situation improves then I can still go for H1 B transfer which is a relatively easy process - So I would like to wait for another 30 days - tosee hw things turn out.
3) If I go for option 2 above than - how long can I hold my I-20 - i.e. if I am attending my classes as a full time student in this college - than can I hold on to my I-20 indefinately - or is it necessary that once you have I-20 you have to apply for student visa?
4) If I go for option 2 - and as a result I am not able to find another job and also my company\'s financial situation also does not improves - then can I apply for student visa at that time - i.e. after 30 days?

Please advice - I am in a weird situation right now - and I do not know what\'s the safest way out of this?

I will really appreciate your response

Thanks
Aakash

 

[jaxen]

Personal choices...

I am not sure whether mere I20 is enough to start attending the university.
However, this 30 day period might be a limboland and your student visa application later (i.e. after 30 days) might end up in the issuance of student visa with the rider that you have to get a visa stamp before enjoying the benefits of that visa or worse it might get rejected...
IMHO, the issue is :what risks you are ready to take? A (hostile) student visa interview at your home country, a possible denial of entry later in life...
I know that you are desparate and want to get thru some crack and out of the tunnel. I am sorry.

 

[agupt]

Thanks for the response - but there is more..

I have got the I-20 from the college - and as per it I should join the college before 05/28/2002. But there is one more fact - that I am already doing certain courses from this college as a Continuing Education Student. These courses are going to end by the end of May. So if after 30 days I apply for the change in status (while being on leave of absence) - along with giving them my transcripts proving that I am doing certain courses - then can INS still ask me to go to India for stamping?

Also there is one more critical issue which has been bothering me a lot. My Company hired me at $60,000 per annum. But in December 2001 they gave me huge paycut and my salary reduced to $42000. What worries me now - is that if I apply for change of status form h1 to f1 - and send INS my recent paystubs (that reflect the reduced payscale) - then will INS raise a question about my decrease in salary - that is will they look at my paystubs suspiciously?

What is the best alternative - or the proper thing to say will be the only alternative.

Please help - I really appreciate your response

Thanks
Aakash

 

[jaxen]

Paycut will not bother INS...

INS knows that the economy is down and as long as the company pays you more than prevailing wages (varies from place to place) you are ok. Even if there is trouble it will be for your employer.

H1 to F1 is a risky move. How INS will react to your case\'s complexity is anybody\'s guess. The most that can happen is that INS might ask you to get the stamping done (i.e. will issue F1 without the I94). So you might have to go to canada and get the stamping and continue your studies. I see a strong possibility of this scenario happening.

Which means that you have to make a decision about changing as early as possible. over 90 days and Under 180 days of out of status you have the go-out-to -get-I94 risk for H1 transfer too.
Remember , if it crosses more than 180 days and you do not have a valid visa (your h1 transfer might come within 2 months if you do premium processing, but your h1 to F1 will not) you might invite the wrath of 3Yr/10Yr bar.