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

 

[angeles_gc]

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?
I dont think it is neessary. IF you have the I-20 you could apply for the F-1 visa from the consulate.
If i were you i would apply for the change of status before i do anything else.
And remember there is no need to get the visa stamp unless you want travel outside the country.


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?

Yes. you can not reenter with H-1b.

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?
whether you apply for change of status or not you are in the same boat. you can re enter if denied.



4. If F1 is denied, will they cancel my H1b as well?
once you apply for F-1 at the consulate , i think as i stated above they will cancel you are H1b.

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?
I did not but i had H1b stamp in canada, it was simple. And if you have scholorship it should have very less chance of getting rejected.

6. What documents will be required?
refer to some of the websites like murthy.com, immihelp.com etc..

7. My sponsors will be my parents and my sister, is that ok?
usually it is recommended not to show strong ties to the usa, so it is better you have someone sponser you who is outside usa. But that was long time back when i was studying, refer to someone else too about this.

8. If F1 is denied, can I re-enter the US, or do I have to leave for my home country?
i think leave to home country and apply again from there

again i just put in here what i know, dont take my word for it, do some more research and consult a lawyer.

 

[sgsnathan]

You best option, just change your status to F-1 from within the US. Since all of your family seems to be in the US already, I see no reason for you to want to get an F-1 visa stamped on your passport. Here is the problem. H1B is a dual intent visa (which means you could be an immigrant) and so easy to get stamped on if you went to a consulate in Canada/Mexico, especially when you are going from F-1 to H1B. Now F-1 visa is a non-immigrant visa. This means if they have any reason to think that you are planning to become an immigrant, which obviuosly is your case, there is a good chance they will reject your visa application. And like the post above says, when you go to the consulate for a new visa, they normally cancel the previous visas that you already have stamped on your passport. The other thing is also that there is no guarantee you can get your F-1 stamped in a third country. But if you want to change your status within the US, it will be a lot easier. Anyone of your family can be your sponsor, it doesn't matter.

I am not an immigration expert, so it is all just my opinion. Good luck!