H1b to F1 - very complicated! Please help!

[sunilgandhi]

Hi Everyone,

I am currently on H1b in the US. I want to go back to school for my MBA starting Fall 2006. I have got admission as well as a scholarship from two universities in the US. My father is a US citizen and my mom and my sister are green card holders. My father has filed a petition for my GC, but that will take another 5 years to get approved. I have the following questions:

1. I plan to go to Canada next month for my F1 visa stamping. My h1b is still valid. Should I be applying for change of status before going for my F1 stamping?

2. If my F1 is denied, I plan to continue working on H1b, does applying for a change of status mean that you are giving up your H1b?

3. In that case, is it better to not apply for change of status and directly go to canada and apply for F1 visa so that if F1 is denied, I can return on H1b?

4. If F1 is denied, will they cancel my H1b as well?

5. Have any of you had any recent experiences where you had your F1 visa stamped in canada/mexico without filing for change of status?

6. What documents will be required?

7. My sponsors will be my parents and my sister, is that ok?

8. If F1 is denied, can I re-enter the US, or do I have to leave for my home country?

Any help is appreciated. Thank you.
Sunil

 

[great guru]

Hi Everyone,

I am currently on H1b in the US. I want to go back to school for my MBA starting Fall 2006. I have got admission as well as a scholarship from two universities in the US. My father is a US citizen and my mom and my sister are green card holders. My father has filed a petition for my GC, but that will take another 5 years to get approved. I have the following questions:

1. I plan to go to Canada next month for my F1 visa stamping. My h1b is still valid. Should I be applying for change of status before going for my F1 stamping? Do not do that.
2. If my F1 is denied, I plan to continue working on H1b, does applying for a change of status mean that you are giving up your H1b? If you do item No: 1 yes, you loose your H1b status.
3. In that case, is it better to not apply for change of status and directly go to canada and apply for F1 visa so that if F1 is denied, I can return on H1b? YES

4. If F1 is denied, will they cancel my H1b as well? Probably not.
5. Have any of you had any recent experiences where you had your F1 visa stamped in canada/mexico without filing for change of status? Your case is different, you are pending immigrant your F1 visa will get difinetly rejected out side US.
6. What documents will be required?

7. My sponsors will be my parents and my sister, is that ok? It has negative effect on F1
8. If F1 is denied, can I re-enter the US, or do I have to leave for my home country? If you already done your COS in US for F1 and go for F1 visa stamp, upon F1 rejection you have to go back to home country. If you go for F1 stamping without COS, if H1 is not cancelled you may able to come back with your valid H1 visa .

Most of the cases pending immigrant's (like your case) F1 visa will be rejected out side USA, unless new immigration reform is enacted. (New reforms going to define F1 as dual intention visa (immigrant/non immigrant)Any help is appreciated. Thank you.
Sunil