H1 to F1 transfer and Green card processing

[gsatheesh]

Hi All

I'm currently working in the US on a H1 visa. I have successfully been admitted into the PhD program in one of the top schools. I would like to know what is the procedure to apply for a H1 to F1 transfer. I also have the following questions:

1. My present company is processing my green card, which has cleared the Labor Certification stage. Will this affect my chances of getting a H1-F1 transfer?

2. Do I have to resign my job in order to apply for the transfer ?

3. In case the transfer doesn't get approved before the joining date for the university, can I still register for coursework?

4. If in case I can register for courses as a pending F1 student, should I revoke my H1 before that ?

5. If in case my transfer is not approve and I've already started attending school, will I still be allowed to attend classes? If not, what are my alternatives?

6. If in case the transfer is not approved even before I join school, can I still continue on my H1 visa in my present job?

7. What is an average/typical time taken for INS to process a H1-F1 transfer?

Any help or suggestions in this regard will be greatly appreciated !!

Thanks
Satheesh

 

[jaxen]

File I539 along with other documents (including I20 or equivalen) and talk to the international counselor of the school.

1. You will have to choose between F1 or green card. F1 requires pure non immigration intent.

2. No need to resign at application stage

3. With valid I20 , yes you can register for course work.

4. revocation of h1 is automatic once you join the course

5. If F1 is denied, may have to leave country or you can apply for a new H1. If the H1 stamp is still valid, you can go out of country and come back using a new I94 to get back on h1. If not you have to leave the country immediately.

6. Yes, as long as you did not join the school and have been maintaining h1 status otherwise (getting paid, valid I94 or extension pending...)

7. Dunno