convert h1 visa to f1 visa

[viper76]

Hello,

I am currently (April 2004) on an H1 visa and would like to go back to school in fall (September 2004) on an F1 visa. One of the complications in this scenario is that I need to visit India in July 2004 to attend my sister's wedding. Here are my questions.

1. If I were to apply for a change of status from H1 to F1 from within the US, how long does it take, and then can I get an assistantship in the University and work for 20 hours on-campus?

2. If I terminate my H-1 in June 2004 and then apply for an F-1 from my home country in July 2004, does the probability of it getting approved, decrease?

3. If I do NOT terminate my H-1, then apply for an F-1 in my home country, which gets rejected, is my H-1 visa still valid, and can I re-enter the US to join my job by getting my H-1 visa stamped on the passport?

4. If I apply for the change of status from H1 to F1 in August 2004, and assuming that it will not get approved by September 2004, can I start studying because the change of status has been filed? If not, can I continue my job and start studying part-time until I get the approval?

Thanks a lot for your help in advance.

Viper76

 

[Iryna]

Originally posted by viper76
Hello,

I am currently (April 2004) on an H1 visa and would like to go back to school in fall (September 2004) on an F1 visa. One of the complications in this scenario is that I need to visit India in July 2004 to attend my sister's wedding. Here are my questions.

1. If I were to apply for a change of status from H1 to F1 from within the US, how long does it take, and then can I get an assistantship in the University and work for 20 hours on-campus?

2. If I terminate my H-1 in June 2004 and then apply for an F-1 from my home country in July 2004, does the probability of it getting approved, decrease?

3. If I do NOT terminate my H-1, then apply for an F-1 in my home country, which gets rejected, is my H-1 visa still valid, and can I re-enter the US to join my job by getting my H-1 visa stamped on the passport?

4. If I apply for the change of status from H1 to F1 in August 2004, and assuming that it will not get approved by September 2004, can I start studying because the change of status has been filed? If not, can I continue my job and start studying part-time until I get the approval?

Thanks a lot for your help in advance.

Viper76

Hello,
i am Iryna from Seattle.I have son, who has the same problemm....I do not know what to do? His visa was K-1 and now he has not any status... My attony said that he need change H1 to F. He studied 3 month on some college like international student. But I can`t pay for his college... Can my son stay with me here or he should go back to Ukraine? He come to America with me and he is 20 years old. April 6 I will have my Green Card.

Thanks a lot for your help in advance.

 

[USCISisMockery]

H4-f1

Actually my wife is also in similar situation.

She wants to convert H4 - F1 in Fall semester. But we are going to India in July. So I have 3 option

- Apply for F1 in Mumbai consulate directly without changing her status here. If her application is rejected in Mumbai, she can come back in US on H4 ?

- Apply for change of status after we come back (so that we dont have to get F1 visa from Mumbai), how long it takes to convert H4 - F1. (currently Vermont Service Center is processing May 11 for I539 ). In this case if let say her status is changed to F1 in October, she can get OPT by next summer ?

 

[waitinginlimbo1]

Actually my wife is also in similar situation.

She wants to convert H4 - F1 in Fall semester. But we are going to India in July. So I have 3 option

- Apply for F1 in Mumbai consulate directly without changing her status here. If her application is rejected in Mumbai, she can come back in US on H4 ?

- Apply for change of status after we come back (so that we dont have to get F1 visa from Mumbai), how long it takes to convert H4 - F1. (currently Vermont Service Center is processing May 11 for I539 ). In this case if let say her status is changed to F1 in October, she can get OPT by next summer ?

She can apply for the F1 only after she surrenders her H4.When someone applies for F-1 they have to surrender their current non immigrant visa.So if the visa stamp gets denied, that person will end up in a limbo.I would play it safe and apply for the change of status only after I come back.

 

[USCISisMockery]

She can apply for the F1 only after she surrenders her H4.When someone applies for F-1 they have to surrender their current non immigrant visa.So if the visa stamp gets denied, that person will end up in a limbo.I would play it safe and apply for the change of status only after I come back.

There are contradictory information from many places. One opinion is you can't come back on H4 only if your F1 was rejected on fraud basis or some other reason than temporary intent reason (act 214 ?)