From H1 to F1 - a ton of questions.

M

mritunjaymishra

New Member
Hi

I am currently working in the US on an H1 visa. My H1 status is valid till Oct 2003. This year in August I plan to enroll full time in a masters program. I have the following questions.

0. Should I go to India for the visa stamping or should I apply for the change of status here? How much time will it take? where can I find the processing times for such transfers? Note that the one month transfer time promised by INS is not in effect now and will effect only B1-F1 transfers anyways.

1. Will my application process for a visa be any different from people who are not in the US?

2. When I get my visa papers from the university, can I apply for a visa in India. If the visa is granted will it be stamped the same day? What are my chances, note that me or my parents do not own any property in India
:-(.

3. Do I need to resign from my current job before leaving the US?

4. If I do not resign and the F1 is rejected may I re-enter the US on my H1.

5. The complicating issue. My company has changed its name and address after my current I797 and visa stamp was issued. I have a document that certifies the company\'s name change. However this document precedes my visa stamp by a few months. I so happens that the company did not start using the new name and address in its paperwork (paystubs, IRS filings) for quite some time after the name-address change. The new address is in the same LCA zone as the old one. Will this present a problem at the time the consul evaluates the application in India or at the port of entry.

Thanks
Mritunjay
 
Whoa ! Inquistive lil\' fella, aren\'t we ?

I think I can answer some...

0. Should I go to India for the visa stamping or should I apply for the change of status here? How much time will it take? where can I find the processing times for such transfers? Note that the one month transfer time promised by INS is not in effect now and will effect only B1-F1 transfers anyways.

ANSWER:

Applying for any non-immig visa is always risky. More so with B1 and

F1..still more so after 9/11...the choice is yours !

COS is safer, but requires extensive documentation, at least for me & folks I know, from CSC.

They have speeded up the COS quite considerably and I rec\'d the RFE in almost a month. I am sure a properly filed application can be adjudicated in 1 - 3 months, depending on how quick you will respond to their RFE. I am assuming MOST H1-F1 will get an RFE.

You can find processing times in a variety of Immigration Attorney\'s Web Pages...I reccomend Mr. Shusterman\'s (www.shusterman.com) ...his is always current...Look for I539 processing times.

1. Will my application process for a visa be any different from people who are not in the US?

Hmm..I think you ref. to the drop-box eh ? Well...again, looking at the rules you \'should\' qualify for the drop-box...but then it depends...with the current scenario, you can pretty much expect you\'ll be called for an interview...and face the \'jerk-behind-the-glass-window\'...who would decide your fate in less than half a second...forget what docs you\'d have...he/she/it won\'t even look at them...

2. When I get my visa papers from the university, can I apply for a visa in India. If the visa is granted will it be stamped the same day? What are my chances, note that me or my parents do not own any property in India
:-(.

Answer:
Oh yes..you sure can apply in India. If its granted they usually send it to you in a couple of days by courier...same day pick-ups, I think, are a thing of the past.

Property Docs are VERY important...if the Jerk-B-the-W asks you for it...

3. Do I need to resign from my current job before leaving the US?

Answer:
I don\'t think so...why should you ? If the boss giving ya a hard time ? :)

4. If I do not resign and the F1 is rejected may I re-enter the US on my H1.

Answer:

Hmm...tricky...what if they cancel your H1 ? Can they ? I am not sure...ask an attorney...

5. The complicating issue. My company has changed its name and address after my current I797 and visa stamp was issued. I have a document that certifies the company\'s name change. However this document precedes my visa stamp by a few months. I so happens that the company did not start using the new name and address in its paperwork (paystubs, IRS filings) for quite some time after the name-address change. The new address is in the same LCA zone as the old one. Will this present a problem at the time the consul evaluates the application in India or at the port of entry.

Answer: Not my cuppa....
 
On item # 5

> My company has changed its name and address after my current I797 and visa stamp was issued. I have a document that certifies the company\'s name change. However this document precedes my visa stamp by a few months. I so happens that the company did not start using the new name and address in its paperwork (paystubs, IRS filings) for quite some time after the name-address change. The new address is in the same LCA zone as the old one. Will this present a problem at the time the consul evaluates the application in India or at the port of entry.

Check the document again, it may have the effective date the new name would be adopted. Meanwhile keep all originals with old name and say that the co. adopted new name effective mm/dd/yyyy.
 
No Title

Hi all

I am currently on H1 visa and so is my husband.I have 5 years left and he has 2 more years, His company just filed his GC in NJ :(...so we are worried it may not come in time. So he is applying to schools and intends to change his status to F1 next yr ( Fall 2003). Now my qns:

1. If you have just 8 more mths( H1B for him expires Mar 04) , do you think they will deny his COS?esp since I am working here
2.His company agreed to keep processing his GC , but if he switches to F1 , there is some catch abt dual intent , so does his GC appln cancel?

Pls help us out here. Any tips/advice appreciated
Thanks

SG
 
Possible to change from H1 to F1

However he cannot have GC processing while he is on F1 status and he cannot work of campus on F1. Better option may be to for him to go on H4 and can take courses and you apply for GC which can be possible in 2 more years before all his 6 year of H1 gets over.
 
Issue of I20,

Will the school contact the INS for issuing the I20. I got layed off (I had a H1).so while my new company is prcessing my H1 tranfer. Can I apply for a masters(I 20) and later apply for a change of status from H1B (new H1) to F1
 
H1 to F1... Urgent ... applying for F1 from Mexico in 10 days time.

Hi CSHANKY,

I am presently on a H1b. Is it better to apply for change of status from the US itself or go for a fresh F1 applying from Mexico.
This is Praful. I am presently on a H1 visa and my wife is on a H4 visa, which expires in september. We plan to go to Mexico in the first week of May for a visa change to F1 and F2 respectively. The following are the documents that i am taking along with me...
1. I-20 and Admission Letters.
2. Statement of Financial Responsibility and Bank Statement.
3. All documents relating to my H1.
4. copy of I-94(original will anyway be handed over at the border i guess)
5. Last two paystubs...

Is the letter of intent also necessary... why and how you intend to go back to home country after finishing F1. What are the other documents that need to be kept ready. I have never been out of status. Further, from experiences heard before... have you known anyone whose visa is rejected because of close relatives(immediate) being in the US on a permanent basis.

From what i understand, if for any reason my F1 application is rejected, i can come back on my present valid H1... along with my wife... please confirm.

Will appreciate any information in this regard.

Thanks a bunch.

Praful
 
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