H1-F1 help!

S

suna

Member
Hi, I came to US on F1 visa and after gained my MA degree, transfer to H1 visa. I had a I-140 approved but then got laid off. I am currenly on H1 visa now after getting another job.

I just get accepted into a very good school 's graduate program and I am thinking of changing back to F1 visa. On the 539 form, they ask if "an immigration petition have ever been filed for you?" Should I answer yes or no? I asked a lawyer and he said no. but I am not so sure.

What is the consequence if I put in "no" but actually I should put in "yes"?

I am very desperate to get any help from you guys. thanks a lot..
 
similar situation

i am in a similar situation as you. I have got MBA
admission from a top IVY League school. My job is
still there but I donot know for how long? My GC labor
is in progress.

Have you completed 6 yrs in H1?

I have been told that getting F1 once a person
has apped for GC can be difficult. Is it true?

Let me know what you found out.
 
I think the lawyer is wrong. If you have filed I-140 (or your employer has filed one on your behalf), then you have shown immigrant intent. In this case getting a nonimmigrant visa or status like F1 is hard, and the INS will question your intentions. But if you can convince them that you truly intend to study (and not going to school to continue your stay in the US), and that you have abandoned your immigrant intent for a good reason, then you will have a chance.

To be truthful you should say "Yes". Saying "No" when you should have said "Yes" could lead to more difficult consequences like being denied any kind of benefits in future.
 
what i found out

I consult another lawyer who told me that the fact I did not file for adjustment of status could show that I do not intend to immigrate. I still have two years left on H1. zxy2002 , i think you should be fine since you only apply for LC, which is not sufficient evidence of immigrant intent. I also got into an ivy. hopefully we can both make it.
 
yuans2 - urgent question about H1 to F1

Did INS arrprove your H1 to F-1 COS?I'm in similar situation and considering a COS.
 
our search for answer

yuans2:

I am in the exact same boat as you are. I also filed I-140 (pending). After consulting with so many lawyers, I feel the best bet is to file F visa and try to convince INS that I do not have immigrant intend any more. I am going to file it very soon.

Have you already filed F visa? I heard if you filed with international office, it might help. Please keep in touch for this issue. My email address: hchen347@hotmail.com

Good luck to both of us,
 
H1-F1

I am in a similar position. Have been accepted at a top MBA prog but need to file for COS from H1-F1. As far as info from my lawyer, if you have not filed for adjustment of status, then it is not "your intent" but your employers. So it should be the window required by you to convince them of your intent.

Also, I am planning to go to Mexico to get the F-1 stamped. Can I just go with my I-20 and relevant documents and an appointment or do I wait for approval notice before I go. The international office told me it will take 5-10 months for COS. can one start classes while waiting for change of status petition to come through ? Also does'nt one have to be enrolled for 12 months before they will allow you to do an internship ?

Anyone who has recently gone to Mexico for F-1, please advise.
 
Many lawyers seem to take the position that filing I-140 is not a problem for F1 visas. The question asks whether an immigrant petition has ever been filed on your behalf; and I-140 is an immigrant petition; and hence one would think that the answer to the question is yes, whether you filed I-140 yourself under EA/NIW or an employer filed on your behalf.

Those who file COS to F1 should perhaps come back to the forum and share their experiences once they get their case processed.
 
COS

I have not filed the COS application yet. I am comparing the pros and cons of COS by travel or by application.

I know that if you go to a consulate and apply an entry visa there, you have to fill out a form which also asks the question if an immigrant visa has been petitioned for you. I think since I have applied for I140, the answer should be yes. (though I am not sure of the exact wording of the question).

If you go to Mexico and the consulate office sees that you answered yes, will they refuse you visa applcation on the basis of immigration intent? Somehow I think it is very risky. If someone can shed any light on this, I will be most grateful.
 
From my consultations with two lawyers, I have reached the conclusion that if you are filing for H1_F1 ( if you have already filed for any stage of GC ) the safest route is to file for COS while inside the country. Outside, the minute they see that you have filed for GC, Labor certification or any stage, they will most likely question your intent and not grant it to you. COS is taking anywhere from 3-10 months and should be done complete with documents like the last few paystubs with proper dates etc to show that you were in proper status. Withdrwaing your GC application , if possible, is also a good idea.

Can anyone give me any tips on whether the graduate schools are allowing students to start school while waiting for the COS petition approval. The lawyer says recent rule changes do not permit that but my school int'l student office says if you';re changing from H1-F1, you can start while waiting for approval. I'm a bit confused here. Help !!!!!!!
 
I think you can

I think you can start school when the application is pending. The current rule says no to B - F1 situation, but has not changed its stance regarding other types of COS.

But the risk is: if your application is denied and you already quit your job, you will be out of status instantly.
 
Is it a LAW that no Change of Status from B to F1, please advice
(or is this just some normal practice by INS)
Thanks much!
 
Yuan;

About COS from H1-F! and starting to study : if the petition is rejected, you can file for an appeal or for a new H1. It is sort of in the grey area but you can get an H1 approval but this time, you definitely have to go out & get it stamped immediately. You cannot start working without that. So in that sense it's different from when you initially apply for a H1 COS and get an approval and can stay in the US and work. This what I have been able to learn from my lawyer.

Also, my husband is here, do you think incase of rejection, I can file for H4 ? The only thing is that on a H1 or H4, I cannot do a summer internship which I feel is an integral part of my business school education............................
 
my 2 cents

The safest route will be to do a H1 - H4 and after the approval, do a H4 to F1.

Otherwise, if your COS from H1 - F1 is rejected and you already quit your job and in school, it is very hard to persuade your former employer to take you back. And if you do a H4 to F1, even if your app is rejected, you are still in valid H4 status.
 
Question about I-94

Hi, does anyone know if I should submit my COS app with my original I-94 or just the copy is ok? If original required, does that mean the one that came with the H1B approval notice? or the one you got when first entering the country?
 
An H1-F1 Transferee

Hi ! I changed my H1 status to F1 sometime lasts year through CSC. I see many queries regarding this issue. Here are some of my responses:

1. Change of Status applications to student status have to acted upon in 45 days. Its the law. And most center's do it in that time, provided you comply with all documentation. Check I-535 processing times for the various centers.

The best source for latest processing times is www.shusterman.com For all immmigration related breaking-news for that matter. Rest of the boards, usvisanews, murthy et al including this one, are at least a week off.

2. Change of B1 - to F1 is disallowed. Period. Unless you entered on B1 - Prospective student stamp at the port of entry.

3. If you filed for a I-140 or I-485, you have to answer "yes" for the immigrant petition question - whether on 1-535 (Change of Status) or at a consulate on form DS-whatever. Not so, if you are / were in the Labor stage. There is no need to interpret this any further.

I-485 / 140 - YES Labor - NO

In my humble opinion, the COS route is the best. You can justify your reason to stay back with a properly written cover letter. INS does read them and even asks for one if you did not include one in the original application packet. The chances of convincing the INS is much higher than being able to convince a SOB consular officer who will reject your application in less than 15 seconds.

The only thing that you have to be careful is preparing the supporting documentation. Follow the instructions of the application forms METRICULOUSLY. Send more but NOT less. Prepare checklists - review checklists. Include the checklist of all documentation enclosed with your application.

Needless to add, the I-20 and I-94 have to be sent in Original. Then you must include your latest paystubs at least 3 , if possible six, to show you were employed until the time you filed. You must send proof of adequate finances. Include bank statement of at least 3 months. Also, include copies of receipts of fees paid to the school, if any.

One more important proof is demonstrating ties to your country of origin. Include a separate letter explaining presence of family (Only son / daughter works with INS - not Consular officers), property (Bank accounts, property, CDs/ FD's, Will by your parents etc.) and proof. You may include copies of the proof but be prepared to submit the original if asked. I was asked for my property docs , which the rascals haven't returned till date, which is another story.

Need some more help ? email me on cshanky@hotmail.com But folks please do some due deligence first and think logically.
 
An H1-F1 Transferee

Hi ! I changed my H1 status to F1 sometime lasts year through CSC. I see many queries regarding this issue. Here are some of my responses:

1. Change of Status applications to student status have to acted upon in 45 days. Its the law. And most center's do it in that time, provided you comply with all documentation. Check I-535 processing times for the various centers.

The best source for latest processing times is www.shusterman.com For all immmigration related breaking-news for that matter. Rest of the boards, usvisanews, murthy et al including this one, are at least a week off.

2. Change of B1 - to F1 is disallowed. Period. Unless you entered on B1 - Prospective student stamp at the port of entry.

3. If you filed for a I-140 or I-485, you have to answer "yes" for the immigrant petition question - whether on 1-535 (Change of Status) or at a consulate on form DS-whatever. Not so, if you are / were in the Labor stage. There is no need to interpret this any further.

I-485 / 140 - YES Labor - NO

In my humble opinion, the COS route is the best. You can justify your reason to stay back with a properly written cover letter. INS does read them and even asks for one if you did not include one in the original application packet. The chances of convincing the INS is much higher than being able to convince a SOB consular officer who will reject your application in less than 15 seconds.

The only thing that you have to be careful is preparing the supporting documentation. Follow the instructions of the application forms METRICULOUSLY. Send more but NOT less. Prepare checklists - review checklists. Include the checklist of all documentation enclosed with your application.

Needless to add, the I-20 and I-94 have to be sent in Original. Then you must include your latest paystubs at least 3 , if possible six, to show you were employed until the time you filed. You must send proof of adequate finances. Include bank statement of at least 3 months. Also, include copies of receipts of fees paid to the school, if any.

One more important proof is demonstrating ties to your country of origin. Include a separate letter explaining presence of family (Only son / daughter works with INS - not Consular officers), property (Bank accounts, property, CDs/ FD's, Will by your parents etc.) and proof. You may include copies of the proof but be prepared to submit the original if asked. I was asked for my property docs , which the rascals haven't returned till date, which is another story.

Need some more help ? email me on cshanky@hotmail.com But folks please do some due deligence first and think logically.
 
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