H1 to F1 - Urgent help needed!

[phd_student]

I am currently on a valid H1. I have admission & assitantship for Phd and plan to pursue it. (originally came on F1 for MS, completed it and then started working on H1).

In order to get paid stipend by the univ I understand that in addition to the I20, I also need the F1 visa which I need to get stamped from outside the US (probably it can be done by staying here but it takes a very long time & hence is not an option).

The info I got from an INS representative suggests that if they reject my F1, then my H1, though valid till then will also be cancelled and I will not be allowed to renter the US.

In this context how advisable is it to go to Mexico(plan to go to Ciudad Juarez) to get this conversion done? Are chances of getting the F1 approved better in Mexico than in India?

In the event that the F1 gets rejected and they cancel the H1, I get stuck in Mexico, what are my options and how should I prepare for such a situation? Is there some way in which I can renter even if they canel my H1 (tourist visa or something)?

My school starts soon and I dont have much time, hence I am planning to go to Mexico. Pl suggest if thats a good idea or it would make more sense to go back to India.

I dont know of any ppl in a similar situation, hence your feedback will help me in taking a decision.

Kindly help!

 

[Raj1994]

If you have all the papers (admisisons letter, funding letter, I20, valid passport etc.), and have maintained valid status (take pay stubs from current employer), and maintain a nonimmigrant intent, then you should not have any problem in getting the F1 visa.

Note however that if your field is on the technology alert list (e.g. nuclear engg), then it might take longer to get the visa. Check the dept of state website for the list.

If they decline your visa in Mexico, you will have to fly directly to your home country. If you think about it, it is not too much of a problem if you plan for such contingencies. If you have a TA then you might not be able to start school late. If you have an RA, then you might be able to tell your advisor that there are some delays due to immigration reasons. A couple of more weeks is insignificant compared to the several years you spend on the PhD!

 

[phd_student]

Thanks for your feedback!