H1B>F1>OPT>H1B - few additional questions

[sakabih2003]

Thank you all for your valuable contributions to this forum. I am currently an H1B, but will be switching to F1 to get my MBA later this year. I read Great Guru's answer on the topic started by an individual on March 19th who, like myself, is going from from an H1B to F1 to OPT and then back to H1B status, but I had a few quick follow-up questions.

I have used up about 3.5 years of my H1B time limit and want to make sure that I transition from H1B to F1 in a way that is going to allow me to seamlessly reinstate my H1B status once my OPT expires.

1. In Great Guru's response to the other user on the above mentioned thread he suggested: "apply COS from H1 to F1". What does that mean?

2. Do you have any other suggestions - perhaps requesting specific H1B documentation from my employer that might be needed later, sending specific paperwork to USCIS etc.?

3. What is the procedure to start using the remainder of my H1B time cap once my OPT expires in May, 2009? I assume the process is much simpler since I would have alredy had an H1B. Is it as simple as having my employer mail a form into USCIS requesting extension of H1B.

Thanks!

 

[great guru]

z

Thank you all for your valuable contributions to this forum. I am currently an H1B, but will be switching to F1 to get my MBA later this year. I read Great Guru's answer on the topic started by an individual on March 19th who, like myself, is going from from an H1B to F1 to OPT and then back to H1B status, but I had a few quick follow-up questions.

I have used up about 3.5 years of my H1B time limit and want to make sure that I transition from H1B to F1 in a way that is going to allow me to seamlessly reinstate my H1B status once my OPT expires.

1. In Great Guru's response to the other user on the above mentioned thread he suggested: "apply COS from H1 to F1". What does that mean? Change of status from H1 to F1 . Now you are in H1 , yu must change your status to F1 with in US. No need to go outside
2. Do you have any other suggestions - perhaps requesting specific H1B documentation from my employer that might be needed later, sending specific paperwork to USCIS etc.?

3. What is the procedure to start using the remainder of my H1B time cap once my OPT expires in May, 2009?

Again COS from F1/OPT to H1B giving old h1 references (a photocopy).

I assume the process is much simpler since I would have alredy had an H1B. Is it as simple as having my employer mail a form into USCIS requesting extension of H1B.

Thanks!

 

[sakabih2003]

Thanks Great Guru, will the H1B clock stop ticking automatically once my school issues me I-20, or does my employer need to notify USCIS that I stopped working there? Can I do anything to ensure that my H1B clock is not ticking away while I am studying under F1?

Do I need to file Form I-539, Application for Change of Status? If so, do I need to wait for an some sort of an authorization from USCIS that the status has been changed to start with school which begins this May, or can I start as soon as my I-20 is issued?

Thanks again

 

[great guru]

z

Thanks Great Guru, will the H1B clock stop ticking automatically once my school issues me I-20, or does my employer need to notify USCIS that I stopped working there?
H1b status stops when your F1 got approved, it takes usually 3 to 6 months depends on the service center
Can I do anything to ensure that my H1B clock is not ticking away while I am studying under F1? NO. That is the reason you have to do your F1 COS well in advance.
Do I need to file Form I-539, Application for Change of Status? YES If so, do I need to wait for an some sort of an authorization from USCIS that the status has been changed to start with school which begins this May, YES or can I start as soon as my I-20 is issued? NO
Thanks again

 

[sakabih2003]

Well, I have just found myself in a real pickle. My school starts in 2 months and my I-20 has been overnighted just yesterday. Which means that I probably don't have enough time for regular processing.

Can I start school as an H1B while the adjustment of status is in process? My school is full-time, so I will not be able to work at my employer and go to school.

Is there a way I can expedite the change in status processing so it is done by May - pay more money???

What if I go outside of the country and adjust the status at a consulate? Do I have to go to my home country, or can I just go to Canada or Mexico on vacation?

Please help!!!

 

[great guru]

z

Well, I have just found myself in a real pickle. My school starts in 2 months and my I-20 has been overnighted just yesterday. Which means that I probably don't have enough time for regular processing.

Can I start school as an H1B while the adjustment of status is in process? My school is full-time, so I will not be able to work at my employer and go to school.

Is there a way I can expedite the change in status processing so it is done by May - pay more money??? There is no premium processing for F1
What if I go outside of the country and adjust the status at a consulate? Do I have to go to my home country, or can I just go to Canada or Mexico on vacation? Yes, you can go to mexico with I 20 and supporting documents to stamp your F1.
Please help!!!

 

[sakabih2003]

What about starting school full-time (and not working) while my change in status from H1B to F1 is being processed? Can this be done?

 

[great guru]

You are at risk. If you join school and your F1 is denied you are out of status because while you are in H1 - you did not have pay check instead you are in school which is not legal.

What about starting school full-time (and not working) while my change in status from H1B to F1 is being processed? Can this be done?