H1 6yrs expiring; applying for F1 (student Visa)

M

mitr

Registered Users (C)
My profile:
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My case______: CSC/EB3/Reg/India
P D__________: 04/24/97 (not current)
I140 RD/ ND___: 07/02/99 (not approved yet)
6 yrs limit till___: 12/31/2000
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Since there are no hopes now, EB3 PD didn\'t move for India;
I am going to apply for F1 visa. My attorney says that is
the only safe way to stay back in the US after 6 years expire.
I have a few questions for the experienced ones:

1) Will the school issue a I120 if I am already in the US (I120
is required for foreign students to enter the country on a
student visa).

2) After receiving I120, do I have to leave the country to get
F1 stamped. If yes, then do I have to go to my country of
origin (India) or can I get it from say, Canada.

3) If I can get F1 visa stamped by sending my passport to the US
Consulate, will my H1 be null and void as soon as they stamp
my F1 visa.

4) What if my H1 expires while my passport is with the Consulate
for F1.

Any help will be appreciated.

Thanks,
Apka Mitr
 
No Title

Iam also in a similar situation. The school will issue an I-20 no matter where you are.

There are two ways to change to F1 initially:
1. Apply for a change of status from H-1 to F-1 while you are here (you can apply for F1 visa outside the U.S if you leave the country).
2. You can leave U.S while you are on H-1 and return on an F-1 visa.

I do not think you can get a F1 stamp while you are within the U.S.
 
No Title

I changed from and H1 to a F1 and then to I-485 ( change of status to a green card) . So I have gone thru this process from start to finish

1. From H1 to F1. Apply to a school and get an I-20. You may have to pass GMAT / GRE and TOEFL or the school\'s entrance exams before the school will give you one.

2. Apply for an I-539 - Change / Extend non-immigrant status. You have to prove that

a. You are in valid status when you apply for it.
b. You have paid the initial tution etc.
c. You have the financial means to support yourself ( working spouse, substantial savings etc). You also need an affidavit of support (can be your spouse).

The I-539 is similar to changing H1Bs while changing jobs. Currently it takes about 1 year for approval in California. You should not leave the country while this is being processed. Remember, unlike an H1 you do not have a dual intent (applying for GC on a non-immigrant visa )luxury here, ie if you have a GC pending and you apply for an F1 visa at the American Consulate abroad, they will reject your application

Hope this helps and best of luck
 
No Title

What do you mean "GC pending"?

Does having a approved I140 imply intent to immigrate and would that mean that one cannot get a F1 visa?
 
No Title

Vishy,

Thanks for the information. have one more question.

When I-539 is approved, does it automatically cancel the H-1 status?. I am trying to find out whether I can decide the date the status transfer occurs based on the semester start date.

Thanks in advance.
 
No Title

Hi Parth,

You can request a start date for the F1 to co-inicde with the semester start date. However, if your H1 expires before that time, you are out of status for the intervening period. Since the I-539 is a request to CHANGE non-immigrant status, i believe that the H1 will be nullified. Secondly, To the best of my knowledge, you can only have one type of non-immigrant visa at one time to determine your status. Also, I believe that you are not allowed to work while on a F1 visa.

Vishy
 
No Title

If you remember, the Visa application form has 2 or 3 check-box type questions on your immigration intentions ( on the back side of the form). The questions are worded like \' Have you or has any one on your behalf filed for Labor or Green Card appliction\'. This is used by the consular officer to determine your intentions. So, to answer your question, if your company has filed for your labor certification, you may have a problem WHILE APPLYING IN INDIA for a F1 visa.

Vishy
 
No Title

Hi Vishy,

You mentioned that i should not leave the country while the I-539 is pending. Why is that?

This what i plan to do. The semester start date is Jan 15 2001. I plan to apply I-539 shortly (to change from H-1 to F1). The processing time in VSC is 3 months. If by Jan 15, i don\'t get the approval, I will get another I-20 from the school and go to Canada to get the F-1 visa.

Do you see any problems in the above plan?

Thanks a lot in advance, you can reply to me at "parthi@yorktel.com"
 
No Title

Hi Vishy/Everyone,
I would appreciate if you could please help me answer my concerns ASAP.
My H1 is expiring on Dec 3,2000. I am not eligible for getting extension.
I have applied to a school for getting admission to MBA prog and they should give me an I-20 within this week or by Nov 15.
1. Can I apply for the I-539 status change and make it active as of Dec 2, 2000?
2. I am in NH. How long does the status change approval take? Is it legal to stay in US while the change is approved ?
3. My wife is applying for her GC. Can I be included in her GC appln? After 1.5 years, when she becomes current, can I get a green card?

thanks,
 
No Title

Yes, you can stay on ( and start your MBA ) beyond 12/3/2000, provided that you have received the receipt notice of your I-539 before your H1B expires. When your wife applies for her I-485 ( change of status to Green Card ), you are eligible to apply for the EAD ( employment authorization card or I-765) at which point you can cease being a full time student of your school.
 
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