Consequence of applying from H1b to F1 transfer (couple of queries)

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xrodax2003

Registered Users (C)
Currently I’m in H1b status. Now I’m planning to be a full time student from Fall 2007 (I got admission with 5 year guaranteed fund). I didn’t apply for Green Card at all. Before getting H1b, I had an F1 visa until Sep, 2008.

I’ve couple of questions to ask:

1. I’m planning to apply to switch from H1b to F1 within next 2 weeks. My class will start from mid august. Can I work until then (mid august)?

2. If I want to go visit my country before Sep 2008, can I use the visa I had earlier to re-enter in USA? Or do I need to go to embassy to get the visa to re-enter in USA?

Thanks.
 
You are in H1 status until your F1 gets approved.

Once F1 is approved better goto mexico and get F1 stamped. Now you can travel on F1.

xrodax2003 said:
Currently I’m in H1b status. Now I’m planning to be a full time student from Fall 2007 (I got admission with 5 year guaranteed fund). I didn’t apply for Green Card at all. Before getting H1b, I had an F1 visa until Sep, 2008.

I’ve couple of questions to ask:

1. I’m planning to apply to switch from H1b to F1 within next 2 weeks. My class will start from mid august. Can I work until then (mid august)?

2. If I want to go visit my country before Sep 2008, can I use the visa I had earlier to re-enter in USA? Or do I need to go to embassy to get the visa to re-enter in USA?

Thanks.
Click to expand...
 
Thanks great guru..

One little clarification would be really helpful.

Suppose I apply for H1b to F1 transfer at April 17 2007 and I specified the date to start that transfer at Aug 15, 2007. Let’s say I get the approval notice at July 10, 2007.

From you response, I'm assuming, I can work until Aug 14, 2007. Please correct me if I'm wrong?

Also what will happen if for some reason, I don't get the approval of changing the status? I hope my current H1b won't be revoked, right?

Thanks again..
 
You may land in trouble- Consult attorney

1. I’m planning to apply to switch from H1b to F1 within next 2 weeks. My class will start from mid august. Can I work until then (mid august)?

You can work till the time you get the change of status. Once change of status is approved you should stop working. Please clarify from attorney.

2. If I want to go visit my country before Sep 2008, can I use the visa I had earlier to re-enter in USA? Or do I need to go to embassy to get the visa to re-enter in USA?

Never do this. If one applies for change of status and if the applicant is not present in the country at the time when INS takes the application for processing ( they can track your status using I-94 number) INS automatically marks the application as "Change of Status not required" because the applicant has already left the country. So when you come back later even though you may be allowed to enter US because of your H1, you will violating regulation because you will not working. So you may potentially land in trouble.

My advise to you is that, Schedule your home country visit just before the college starts and get your F1 stamped in your home country and return to US on time. (F1 rules prohibit you to be present in US more than 10 days before the start of college).

Anyway consult attorney.
 
Thanks Geeklaw.

Actually I'm planning to go to visit my country at Dec 2007 (by this time, I’m assuming that I will get F1 approval and I will also finish one semester in the school). Since in my earlier F1 visa (that was for another school), the visa expiration date was Sep 2008, I was wondering whether I can use that visa to enter in USA if I go to my country at Dec 2007. Or do I need to go to embassy of my country to get a new visa stamp?

“You can work till the time you get the change of status”. Can you clarify more? Please see the comment in my earlier message in this regard..
 
Can't you use your H1B and attend still attend school full time? From another perspective, wouldn't it be nice to just attend school yet have the option of being able to work if need be.
 
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