H1-B to F1

V

vikas129

Registered Users (C)
Hi,

I need some information on the H1-B to F1 conversion. My company started my Labor Certification process in September 2004, and so far, there has been no update. I am planning to join a business school this fall, and hence will need to convert to F1.

I am traveling outside US for some project work this week, and will be going to India for my H1-B stamping in April. I will be back in April end, and will apply for Change of Status to convert to F1 visa. I have few questions and will appreciate any inputs.

1. Does filing for Labor Certification same as filing for an immigrant visa? I guess both H1-B and F1 are non immigrant visas, but I am not sure what happens if one has started the LC process - can one still change to F1 satus?

2. The visa application asks - Has anyone applied for an immigrant visa for you. Should I say yes or no?

3. I have been working in my presesnt job on H1-B visa for more than a year (since January 2004). Prior to that, I have been on F1 status (from September 1999 till January 2001), H1 status (from February 2001 till October 2002) and L1 status (from April 2003 till December 2003). If I go for my H1 stamping in April and come to USA on that and then apply for a change of status in May, is there any risk involved?

4. How long does it take to convert from H1-B to F1 status, and hence if I need to start school in August, when should I apply?

5. Can I start school once I apply for change of status or do I have to wait to get my F1 apporoval notice?

6. Once I apply for change of status, can I continue working on my current H1-B visa? If yes, till what time?

7. In the visa application, there are two questions - one asks "Do you plan to work in the USA" and the other one "Do you want to study in the USA". I am guessing I should answer yes and no respectively for my H1 stamp, and only apply for change of status once I am back in the USA.

8. Is there any premium processing for F1 visa, or not?

I will appreciate if I can get some pointers here.

Thanks.
 
1. Does filing for Labor Certification same as filing for an immigrant visa? I guess both H1-B and F1 are non immigrant visas, but I am not sure what happens if one has started the LC process - can one still change to F1 satus?

when your employer files I-140 for you - that's when you have applied for an immigrant visa.

2. The visa application asks - Has anyone applied for an immigrant visa for you. Should I say yes or no?

if I-140 has been filed, you have to say yes

3. I have been working in my presesnt job on H1-B visa for more than a year (since January 2004). Prior to that, I have been on F1 status (from September 1999 till January 2001), H1 status (from February 2001 till October 2002) and L1 status (from April 2003 till December 2003). If I go for my H1 stamping in April and come to USA on that and then apply for a change of status in May, is there any risk involved?

the same as if you didn't leave the States, if you think you will easily get H1B stamp.

4. How long does it take to convert from H1-B to F1 status, and hence if I need to start school in August, when should I apply?

How long it takes depends on the service center you file in. People on H1B can go to school part time, as long as their primary activity is full time job with their employer.

5. Can I start school once I apply for change of status or do I have to wait to get my F1 apporoval notice?

See above.

6. Once I apply for change of status, can I continue working on my current H1-B visa? If yes, till what time?

Till your F-1 is approved. Then you have to stop working and start studying full time. If it is denied and your H1B is still valid, you can keep H1B, but do discuss it with company's lawyer.

7. In the visa application, there are two questions - one asks "Do you plan to work in the USA" and the other one "Do you want to study in the USA". I am guessing I should answer yes and no respectively for my H1 stamp, and only apply for change of status once I am back in the USA.

You could do that. Or you could answer yes to both.

8. Is there any premium processing for F1 visa, or not?

No.
 
OPT issues

Hi,

Thanks for the replies. I have some more questions, and will appreciate if you/someone can reply to them -

1. I have a MS from a US university, and I applied for my 12 months of OPT after completing that (but used only 8 months). Can I apply for an OPT again?

2. If I can not apply for another OPT, can I use the CPT option for my summer intersnship? Is the CPT school specific, or does every university has this provision? Any ideas?

3.How long does it take to receive the I-20 once I submit the required paperwork?

4. I am currently on an H1-B. Once I recieve my I-20, I will apply for a change of status (COS) within US. How long the COS process take?

5. Can one continue to work after applying for a COS? Or the day one applies for COS is the last day for the present employment?

6. Can one start at some school after getting the receipt for COS application?

Thanks.
 
For Change of Status from H1-B to F1

Hi,

I am going back to school this fall, and will be changing status from H1-B to F1. The USCIS directions say that one should not apply for a change of status (COS) more than 30 days before the start date mentioned on the I-20. Now, my I-20 says the start date is Aug 3, so technically I can apply now, and I plan to do so this week. I have also read on immigration forums that one should not quit his/her job atleast till the time when one gets the acknowledgement from INS that the COS application has been received .The actual COS approval may take 4-6 weeks, but I have confirmed with my school that I can start in the program with the acknowledgement.

My question is - I plan to leave my company on the 15th, but my company processes payroll only once a month. So I will get my salary for July in the end of this month. Does it mean that I will be considered employed by my company till July end (for immigration purposes). This may be good for me since that gives me almost 3 weeks from the day I file my COS to receive an acknowledgement, and hence be considered "legal" from a status point of view.

Please advise. Also, if someone has done this process recently, I will appreciate if he/she can provide his/her contact details.

Thanks.
 
In 6th year on H1, Can I convert to F1

Hi,
I'm in 6th year on my H1 visa. I'm considering going back to school as I have few more courses left to complete masters. Also, my H1 expires in 10months and I have'nt applied for Labor yet. I'm looking for other options I have and heard from someone that I could try F1.

Is it possible to convert to F1 at this stage. If I have to leave the country at least a minimum of 6 months or become depended for few months to get back on H1 status, I'd prefer going to school during this time.

I've seen in the above posting that the person is changing from H1 to F1. If this is possible, I'd like to look for my admissions, process of getting back into school.

Any help on H1 visa/Labor certification or F1 would be greatly appreciated.

Thank you

vikas129 said:
Hi,

I am going back to school this fall, and will be changing status from H1-B to F1. The USCIS directions say that one should not apply for a change of status (COS) more than 30 days before the start date mentioned on the I-20. Now, my I-20 says the start date is Aug 3, so technically I can apply now, and I plan to do so this week. I have also read on immigration forums that one should not quit his/her job atleast till the time when one gets the acknowledgement from INS that the COS application has been received .The actual COS approval may take 4-6 weeks, but I have confirmed with my school that I can start in the program with the acknowledgement.

My question is - I plan to leave my company on the 15th, but my company processes payroll only once a month. So I will get my salary for July in the end of this month. Does it mean that I will be considered employed by my company till July end (for immigration purposes). This may be good for me since that gives me almost 3 weeks from the day I file my COS to receive an acknowledgement, and hence be considered "legal" from a status point of view.

Please advise. Also, if someone has done this process recently, I will appreciate if he/she can provide his/her contact details.

Thanks.
Click to expand...
 
Here are my 2 cents - I hope it helps

If you are in your 6th yr and not have applied for LC, I do not think you can do that now since there has to be atleast 1 yr left on your H1 to do so.

You can go to school and complete your Masters (if that is still an option). I am assuming since you did not get your MS before, you still have your OPT left which you can use to work in the US after your MS for 1 yr. But keep in mind that going back to school does not reset the H1-B clock. To do so, you have to be physically outside the USA for 1 year. So even if you go and complete your MS, and get a job, you can only be here for another year (max) after that.

All the best.
 
H1 - F1 if green card already applied ?

I was wondering if anyone was successful in shifting from H1 to F1 even though green card application is in progress.

My green card app is stuck in the backlog processing and I have just received my 45 day letter.

Would there be a problem if I go back to school on an F1. Will the Visa get rejected based on intent to immigrate.

Should I stay in this country and apply for COS rather than going back to India for visa stamping. If at a later stage I want to go back to India will there be any issues with stamping.

thanks !
 
Question about when to file for H1-B for FY 2007

Hi,

I joined business school last year, and will be doing my summer internship this summer from May till Aug 5th. I need to get my F1 stamp so will be traveling to India in August to do so. I will come back in September, and if my summer employer makes a full-time job offer, I will ask them to file for my H1 so that I can join them next year in July/August. Now I heard from someone that for FY 2007, the applications for H1-B visa are already going in - is that true? If that is the case, do you recommend me traveling to India in August and filing my H1 in September, or will there be a possibility that the USCIS meets its target number of applications, in which case I may not be able to apply for an H1-B for 2007.

Also, I had an H1-B visa and L1 visa before. Plus I have a Masters from a US university and am currently pursuing MBA from another US university. Will I be counted in the 65K limit for 2007, or am I exempted from it.

Please let me know. Thanks in advance for your help.
 
H1B -> F1 -> H1B

As far as I know and have heard, one does not get counted towards the annual quota of H1B visas if you are only renewing your previous H1B. Therefore you should be able to file for your H1B for July/Aug 2007 just a few months before starting employment. However, please talk to your lawyer for a more definite answer.

Abhinav
 
H1B to F1 - Questions regarding COS and CPT/OPT

Hello Vikas,

I saw your older postings and found that you had asked several questions about going from H1B to F1. I am now in a similar situation that you were a year ago. I am planning to go to B-school this fall, have done an MS in the US before, have been working on H1B for a few years, my LC is approved though my I-140 has not yet been filed.

Can you please answer the following questions based on your experience?

1. I applied for my 12 months of OPT after my MS. (but used only 6 months). Can I reclaim the remaining 6 months and apply for an OPT again?

2. If I can not apply for another OPT, can I use the CPT option for my summer intersnship? Is the CPT school specific, or does every university has this provision? Any ideas?

3. I am currently on an H1-B. Once I recieve my I-20, I will apply for a change of status (COS) within US. How long does the COS process take for approval?

4. Can I quit my company immediately after applying for COS. I intend to apply for COS by June 23rd and quit by July 1st? If so, is it considered legal to hang around in the US after quitting work and until school starts in late Aug?

5. Can one start enrolling for courses at school after getting the receipt for COS application?

6. Can one continue to work after applying for a COS? Or the day one applies for COS is the last day for the present employment?

Thanks,
Abhinav
 
Hello Abhinav,

I'm in the same situation that you were a year ago. My Labor certification is completed and I-140 is not filed yet. I'm on H1-B and will be starting b-school in August.

Could you please help me with the following?

1. Once I recieve my I-20, I will apply for a change of status (COS) within US. How long does the COS process take for approval?

2. Can I start studying full-time if my COS is pending approval?

3. I'll be visiting India in July and am hesitant to apply for F1 before going. I have worked on H1B for 5 years. Will it be difficult to show temporary intent?

4. If I apply for COS as soon as I get back (August 1), will it be sufficient time? School starts Aug 18th

5. Since my I140 has not yet been filed I will not have to state that I have applied for immigrant visa, correct?

Any help you can provide would be great.
Thanks!
 
Dear Sir,
I am in a weird situation. I came in August 2006 to study in US. I graduated in Dec 2007 and my OPT started from Jan 2008-onwards. Now on April 1 , an IT consultancy company applied for my H1 visa. I didn't work with that company nor I signed any documents. Also, I haven't worked with any other organization during this OPT period. Now I am planning to go back from august 2008 in the same university . I will be getting a new I 20 this month or later. I don't know , what was the result on my H1 lottery or decision. But I want to continue on F1. My F1 is stamped on my passport till jun 2009. Can I go to school from August 2008. Is there any glitch on My status. Is my status still F1 at present , coz H1 will be levied from October 2008. After getting I 20, I am thinking to go back India and come back in August.Will it be ok? I am just worried on my status.. Please help me. I will appreciate your help.

Regards
Rahul
 
You are currently in OPT status. Once you get the I-20 leave the US and get a new visa stamp. You can enter 30 days before your new program starts. The H1B petition should be withdrawn (the COS is abandoned anyway if you leave, but its best formally withdraw it altogether).
 
Sir,
I went to my International students office and they told me that they will have to first check if my H1 B is approved or not. If it is approoved in that case they will have to file a change of status from H1B to F1 back again with some fees. if not approved then in that case they may get me new I 20..Are they doing the right way or is there anything else they can do to avoid this trouble?

Thanks for your reply
R Pande
 
Sir,
I went to my International students office and they told me that they will have to first check if my H1 B is approved or not. If it is approoved in that case they will have to file a change of status from H1B to F1 back again with some fees. if not approved then in that case they may get me new I 20..Are they doing the right way or is there anything else they can do to avoid this trouble? they said after OCtober 1 my status will be H 1...and then there will be lots of problem if I ll travel outside..Please help

Thanks for your reply
R Pande
 
You must log in or register to reply here.
Top