H1B to F1 transfer case

S

sparta

New Member
I have been on F1, OPT and H1B for 1 year each, in that order. I am interested in going back to school.

1) If I am issued an I-20 but decide not to attend, do I have to file anything? In other words, am I obligated to transfer status after being issued an I-20, or can I just discard it and apply somewhere else.

2) After getting an I-20, if I go to Canada to get an F-1 stamped, will I automatically revert back to H-1B status if it is denied? Or do i need to re-file something. Also, does this visa also mean \'change of status\'? (i.e. no i-539 required?)

3) The F-1 multiple entry stamp on my passport is valid for 2 more years. I graduated two years ago, and the I-20 expired with that.
Does that mean I revert to F-1 if i ever lose H-1 status?

4) I have never filed with INS for a green card. All my family is in my home country. I have no property here. I am, however, changing my field of interest from engineering to humanities. What are my chances of getting an F1 visa in Canada after I get my I-20? Is Mexico a better option?

Thank you so much.
 
Ans to Questions

1. If I am issued an I-20 but decide not to attend, do I have to file anything? In other words, am I obligated to transfer status after being issued an I-20, or can I just discard it and apply somewhere else.

Once you get your I-20 and decide not to go back to school, you need not file any new documents and can continue on your H1 or get I-20 from another university and then decide to transfer

2) After getting an I-20, if I go to Canada to get an F-1 stamped, will I automatically revert back to H-1B status if it is denied? Or do i need to re-file something. Also, does this visa also mean \'change of status\'? (i.e. no i-539 required?)

Canada has stopped stamping Non immigrant visas and so you may have to go to India in case you want your pasport stamped. Otherwise you have to file for change of status and start school immediately. However, you can get funding only when you get F1 visa. Once you get approval, teh same is valid and you can continue school.

3) The F-1 multiple entry stamp on my passport is valid for 2 more years. I graduated two years ago, and the I-20 expired with that.
Does that mean I revert to F-1 if i ever lose H-1 status?

No. Once you have become H1, your F1 visa is no longer valid and you are now a H1. If you lose your H1 status case of lay off or otherwise, you are immediately out of status and have to get another job ASAP or leave the country. However, if you get a I-21 you can file for change of status and go to school

4) I have never filed with INS for a green card. All my family is in my home country. I have no property here. I am, however, changing my field of interest from engineering to humanities. What are my chances of getting an F1 visa in Canada after I get my I-20? Is Mexico a better option?

Mexico has also stopped issuing Non immigrant visas. Check out www.murthy.com and avrious other attorneys web site for further information. Post September 11, things are tough and any great change like in your case change of main course of study MAY create problems. COnsult a attorney before you do anything

My two cents
 
You must log in or register to reply here.
Top