H1B-F1::H1 limit over::NoGC::Immigration Gurus please reply

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maverick_us

New Member
My Situation: Been on H1-B for over six years with GC application pending( Labor Approved, however haven't filed for I-I40). Now plan to go to BSchool.Questions:

1. Usually during what time of the year, i should file for Change of Status(COS) from H1-F1? Should one file before he resigns from his company? Furthermore, should he wait for the approval or receipt before resigning?

2. How long does the COS process take and while the COS application is pending, does that time count towards "9 month F1 requirement" for internship puroses?

3. In my situation, what are the chances that COS gets rejected? In case it gets rejected, my H1 would still be valid and i can continue to work with my current emloyer , is that correct?

4. Does filing for COS mean that i am giving up my H1-B.? If my COS getting rejected, then do i loose H1 also ?

5.Suppose COS process is taking way too much long time and i decide to join the Bschool with the receipt and resign from the company and later while i am in school, my COS comes back rejected, I don't have H1 and don't have F1. In that case the only option is to go back to my home country and apply for fresh F1 there, is that assumption correct ?

6. Let's say that i get successful in getting COS and i continue Bschool. Now if at any point during the two year study, i have to go to my home country for any unforseen circumstances, then i need F1 stamp from US consulate in my home country. Now if they reject my F1 there, then i loose everything, no job and lost fee in Bschool. Is that assumption correct ?

7. Let's say that i never leave US during my study and take up a job during OPT period. Since no company can sponsor my H1, i can work legally only till my OPT expires. Is it possible for the company to apply for my GC directly during my OPT and get the labor approval under perm process which shd take 2-3 months. In that case i can go back to my home country. Does all that make sense legally or i am making wrong assumptions ?

8. Does filling for Labor Application( as a part of my current GC app) indicate my intention to immigrate or is it only when you file I-140 ?

9. Has anybody else been in the similar situation as mine. If yes i would love to talk to you and discuss ways out. Please mail me with your contact no.


I know these are too many Qs. However, i have asked these by going through several threads and not getting comprehensive answers. I am sure a lot of us would benefit from the answers.

Thanks
 
maverick_us said:
My Situation: Been on H1-B for over six years with GC application pending( Labor Approved, however haven't filed for I-I40). Now plan to go to BSchool.Questions:

1. Usually during what time of the year, i should file for Change of Status(COS) from H1-F1? Should one file before he resigns from his company? Furthermore, should he wait for the approval or receipt before resigning?
You can file any time of the year your COS from H1 to F1 provided you have your I 20 ready with you.
2. How long does the COS process take and while the COS application is pending, does that time count towards "9 month F1 requirement" for internship puroses?
COS from h1 to F1 usyally takes 3 to 6 months depends on yur service center.
3. In my situation, what are the chances that COS gets rejected? In case it gets rejected, my H1 would still be valid and i can continue to work with my current emloyer , is that correct?
Your F1 gets rejected if your financial situation and ability to prove your non immigration intention. If F1 gets rejected you can continue on your h1 provided you are working with yur sponser during COS period
4. Does filing for COS mean that i am giving up my H1-B.? If my COS getting rejected, then do i loose H1 also ? NO, but you should not join any school during this COS period
5.Suppose COS process is taking way too much long time and i decide to join the Bschool with the receipt and resign from the company and later while i am in school, my COS comes back rejected, I don't have H1 and don't have F1. In that case the only option is to go back to my home country and apply for fresh F1 there, is that assumption correct ? If you are out of status more than 180 days, in this case you are, you will not get any F1 or h1 or B visa in near future.
6. Let's say that i get successful in getting COS and i continue Bschool. Now if at any point during the two year study, i have to go to my home country for any unforseen circumstances, then i need F1 stamp from US consulate in my home country. Now if they reject my F1 there, then i loose everything, no job and lost fee in Bschool. Is that assumption correct ? Absolutley correct.
7. Let's say that i never leave US during my study and take up a job during OPT period. Since no company can sponsor my H1, i can work legally only till my OPT expires. Is it possible for the company to apply for my GC directly during my OPT and get the labor approval under perm process which shd take 2-3 months. In that case i can go back to my home country. Does all that make sense legally or i am making wrong assumptions ?
To apply for a GC, you no need to be in USA first of all. If you have any degree you can start your GC process on this basis right now, even today. (If any company willing to sponser. Usually friends or relatives companies can sponser these situation)
8. Does filling for Labor Application( as a part of my current GC app) indicate my intention to immigrate or is it only when you file I-140 ? Only I 140 is immigration petion
9. Has anybody else been in the similar situation as mine. If yes i would love to talk to you and discuss ways out. Please mail me with your contact no.
yes, I dealt similar several cases

I know these are too many Qs. However, i have asked these by going through several threads and not getting comprehensive answers. I am sure a lot of us would benefit from the answers.

Thanks
Click to expand...
 
4. Does filing for COS mean that i am giving up my H1-B.? If my COS getting rejected, then do i loose H1 also ? NO, but you should not join any school during this COS period

As far as i understand this process, there is a "30 day rule" meaning that i can't apply COS more than 30 days before the school starts. So i definitely won't have COS approval by the time i have to join school and only the receipt. So in that case if my COS gets rejected after 3-4 months, i won't have H1 too since i would have left my job by then. So didn't quite understand your response.Please clarify.

Guru, do you have a contact no i could call you at ?

Thanks
 
You can not join school unless you have your F1 status on your hand, if you have h4 you can do that. If you join with H1 to school, you are doing at risk.

Send a PM

maverick_us said:
4. Does filing for COS mean that i am giving up my H1-B.? If my COS getting rejected, then do i loose H1 also ? NO, but you should not join any school during this COS period

As far as i understand this process, there is a "30 day rule" meaning that i can't apply COS more than 30 days before the school starts. So i definitely won't have COS approval by the time i have to join school and only the receipt. So in that case if my COS gets rejected after 3-4 months, i won't have H1 too since i would have left my job by then. So didn't quite understand your response.Please clarify.

Guru, do you have a contact no i could call you at ?

Thanks
Click to expand...
 
3. In my situation, what are the chances that COS gets rejected? In case it gets rejected, my H1 would still be valid and i can continue to work with my current emloyer , is that correct?
Your F1 gets rejected if your financial situation and ability to prove your non immigration intention. If F1 gets rejected you can continue on your h1 provided you are working with yur sponser during COS period

If someone is willing to finance/sponsor your schooling here, Does it make you to have a greater chance of approval on your COS(H1 -> F1)?
Is there a premium processing in a case of H1 -> F1 conversion?
Thank you in advance
 
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I'm in similar situation. My question is, if COS get approved, does that mean I am no longer eligible to work for my H1B sponsor? Since school starts in Fall, when is a good time to apply for COS then? Thanks.
 
Atleast 120 days before school starts

xymxy said:
I'm in similar situation. My question is, if COS get approved, does that mean I am no longer eligible to work for my H1B sponsor? Since school starts in Fall, when is a good time to apply for COS then? Thanks.
Click to expand...
 
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