H1b To F1 W/o Paystubs, H1b 4 Yrs Now, No proper tax history, Completing his degree,

[Immigration_guy]

Hi,
One of my friends came on H1B in 2001 and had problems with the employer A. They didnt have ajob for him so he decided to change employer. They didnt run his paystubs. He filed for transfer through another employer B and got his approval with I-94. He was on this H1 for abt yr and got it renewed once(bcause his transfer was approved for 1 yr only as company LCA had expired) till Mar 05. Now the main problem,
He doesnt have recent paystubs and he wants to change to F1 status as his h1 6 yr time is expiring. He wants to use OPT/CPT being on F1 and later file for H1 again after using that OPT period. He talked to one of the schools and they said all they need is

1)H1 approval which is valid
2)Fees $140 if I am right.
3)I-20 WHICH WILL BE OFCOURSE GIVEN BY SCHOOL.

My questions:


1)What does INS CHECK for H1 to F1 Transfer.

2)Is it a good move to transfer from H1 to F1?

3)Have u seen any cases wherein you get approval of change of status but have to go back to your home country to get new I-94.( Usually the case in H1 transfer when you only get approval W/O I-94 and you have to travel out or visit ur home country)


4)Lets say He gets approved for F1 and does his OPT AND then files for H1 again, will he have any probs bcause he didnt have paystubs or proper tax history?(While filing for H1 again theres an entry in the form which asks if you have been on H1 before, if yes plz enter date. So would this be a problem.)
Senior guys plz help with this issue and give your input in this case.

 

[great guru]

Hi,
One of my friends came on H1B in 2001 and had problems with the employer A. They didnt have ajob for him so he decided to change employer. They didnt run his paystubs. He filed for transfer through another employer B and got his approval with I-94. He was on this H1 for abt yr and got it renewed once(bcause his transfer was approved for 1 yr only as company LCA had expired) till Mar 05. Now the main problem,
He doesnt have recent paystubs and he wants to change to F1 status as his h1 6 yr time is expiring. He wants to use OPT/CPT being on F1 and later file for H1 again after using that OPT period. He talked to one of the schools and they said all they need is

1)H1 approval which is valid
2)Fees $140 if I am right.
3)I-20 WHICH WILL BE OFCOURSE GIVEN BY SCHOOL.

My questions:


1)What does INS CHECK for H1 to F1 Transfer.
Is the status valid till now

2)Is it a good move to transfer from H1 to F1? YES
3)Have u seen any cases wherein you get approval of change of status but have to go back to your home country to get new I-94.

If you maintained your status , you no need to go back you will get your new I 94 at the bottom of F1 approval notice.( Usually the case in H1 transfer when you only get approval W/O I-94 and you have to travel out or visit ur home country)


4)Lets say He gets approved for F1 and does his OPT AND then files for H1 again,

He is eligible for new H1 only, for that he no need of pay stub but need to go to out of US to get visa stamped to start working. Since 6 years H1 is exhausted he is not eligible to COS from F1/OPT to h1.

will he have any probs bcause he didnt have paystubs or proper tax history?(While filing for H1 again theres an entry in the form which asks if you have been on H1 before, if yes plz enter date. So would this be a problem.)
Senior guys plz help with this issue and give your input in this case.

 

[Immigration_guy]

My questions AND YOUR REPLIES


1)What does INS CHECK for H1 to F1 Transfer.
--->Is the status valid till now

My input *** The employer said he wont cancel H1 even if H1 to F1 is done in case if F1 is not approved he can still be on H1

3)Have u seen any cases wherein you get approval of change of status but have to go back to your home country to get new I-94.

--->If you maintained your status , you no need to go back you will get your new I 94 at the bottom of F1 approval notice.

My input *** As i said H1 is valid i.e. expires in Mar 2006, but doenst have paystubs. What do you mean by Valid? IS it with reference to expiry date or with reference to paystubs?

Also, if he doesnt get I-94 in approval, can he use his H1 without switching to F1 or he has to definitely go back to his country to get new I-94

4)Lets say He gets approved for F1 and does his OPT AND then files for H1 again, will he have any probs bcause he didnt have paystubs or proper tax history

--->He is eligible for new H1 only, for that he no need of pay stub but need to go to out of US to get visa stamped to start working. Since 6 years H1 is exhausted he is not eligible to COS from F1/OPT to h1.

My input *** NO need of paystub..got it. But whats the need to go out of US WHEN HE CAN FILE FOR H1 FROM HERE AS ONLY 4 YRS HAVE BEEN USED AND NOT 6 & HE DOESNT PLAN TO FLY OR VISIT OUTSIDE. PLZ CLARIFY

 

[great guru]

My questions AND YOUR REPLIES


1)What does INS CHECK for H1 to F1 Transfer.
--->Is the status valid till now

My input *** The employer said he wont cancel H1 even if H1 to F1 is done in case if F1 is not approved he can still be on H1

3)Have u seen any cases wherein you get approval of change of status but have to go back to your home country to get new I-94.

--->If you maintained your status , you no need to go back you will get your new I 94 at the bottom of F1 approval notice.

My input *** As i said H1 is valid i.e. expires in Mar 2006, but doenst have paystubs. What do you mean by Valid? IS it with reference to expiry date or with reference to paystubs?

For H1 to F1, usually no pay stub check, most people switch over to F1 - only reason is not getting their pay stub or running out of 6 yrs no LC(Laid Off)

Also, if he doesnt get I-94 in approval, can he use his H1 without switching to F1 or he has to definitely go back to his country to get new I-94 If there is no I -94, then there is no point in doing it in US. If that is the case you will not be approved F1, you have to take your I 20 get it satamped outside US to study here.

4)Lets say He gets approved for F1 and does his OPT AND then files for H1 again, will he have any probs bcause he didnt have paystubs or proper tax history

--->He is eligible for new H1 only, for that he no need of pay stub but need to go to out of US to get visa stamped to start working. Since 6 years H1 is exhausted he is not eligible to COS from F1/OPT to h1.

My input *** NO need of paystub..got it. But whats the need to go out of US WHEN HE CAN FILE FOR H1 FROM HERE AS ONLY 4 YRS HAVE BEEN USED AND NOT 6 & HE DOESNT PLAN TO FLY OR VISIT OUTSIDE. PLZ CLARIFY

"He doesnt have recent paystubs and he wants to change to F1 status as his h1 6 yr time is expiring" My reply is based your very first statement. You should realize that until your F1 is approved you are considered you are in H1. (Suppose it takes 6 months COS from H1 to F1 ,you loose another 6 months in your H1 duration of 6 yrs)

 

[Immigration_guy]

"If there is no I -94, then there is no point in doing it in US. If that is the case you will not be approved F1, you have to take your I 20 get it satamped outside US to study here.

Let me clarify this. He had I-94 from his H1 which expires next year. What I wanted to know is what if he is given F1 approval without I-94?

1) Does it happen that u dont get I-94 with F1 approval?
2) what should be his step then, can he switch back to his previous h1 which is not cancelled?

Thank you so much for ur time.

 

[great guru]

Let me clarify this. He had I-94 from his H1 which expires next year. What I wanted to know is what if he is given F1 approval without I-94?

1) Does it happen that u dont get I-94 with F1 approval?

Through my own experience COS - F1 always comes with I -94 extn too.

For only change of status you make petition with in US.
If it is for new F1 you have get it through your I 20 at border or your home country.
2) what should be his step then, can he switch back to his previous h1 which is not cancelled? If F1 is not issued, he remain in his H1b
Thank you so much for ur time.