Laid Off H1B to F1 -- possibilities

I

immigram

Registered Users (C)
Just information:

Method 1 : Got admission to school. Presently Laid off with H1B. Visa becomes invalid automatically and immediately, grace period assumed but not official 30 - 60 days. Go to HOME COUNTRY if more than 2 months since last pay check. If within 10days may try CANADA/MEXICO.
RISKS : May be rejected bcos of all "NORMAL" F1 reasons, but not "LayOff - Status" reason.
Mitigation : Can try again for next semester.

Method 2 : Got admission to school. Presently Laid off with H1B. Visa becomes invalid automatically and immediately, grace period assumed but not official 30 - 60 days. Apply for status change. I539. Documentation requirement has increased since last 2 months. 4 monthly statements... severe check on "INTENTION"etc etc....
RISK : And if unfortunately gets rejected after 6 months, then defaulting period totals to 8 months which implies no more visa for that passport for next 3 years. If default period is 1 year and above, No visa for next 10 years.
If GC had been applied, then more questionnable the INTENTION. Hence easily rejected.

All readers are requested to add any personal experiences for the benefit of tons of H1B misfortunes.
 
Documents for H1B to F1 : India stamping

What documentation are required for F1 Stamping at MUMBAI US Consulate
if i have to go back after H1B layoff. Any help is appreciated...
 
I need to go for option <2>

But what is the 4 Monthly statements you mentioned ?

Please suggest list of documentation - and any other tips for a strong cas. Your help will be appreciated by many like me.
 
No Title

RISK : And if unfortunately gets rejected after 6 months, then defaulting period totals to 8 months which implies no more visa for that passport for next 3 years. If default period is 1 year and above, No visa for next 10 years.
If GC had been applied, then more questionnable the INTENTION. Hence easily rejected.

I have a question:
I was on a H1B visa, and was laid off. My last payment date was Oct.26 and The Notice of Action\'s Date of Receipt was Nov. 22.
I got a letter asking for some evidence to establish tha I have a residence abroad to which I intend to return. (I have lived here for almost 4 years). What kind of evidence should I provide?

What do you mean by defaulting period if rejected after 8 months?
I didn\'t go to my country with my I20 thinking it was dangerous and I didn\'t want to have the risk of not being able to come back and leaving all my stuff here.
Can I still go to my country to get my visa stamped and just cancel my Change of Status?
If I go on vacation to a third country (not a neighbor country), would it be possible to get my F1?
 
Pay attention to this...

The Int\'l Student Advisor says that you must apply for the Change of Status BEFORE the layoff occours. His rationale is, since you go \'out of status\' immediatley upon layoff, you cannot go for COS.

All this while I thought it\'d be ok to apply within 2 -3 days of being laid off....now I am confused !
 
what is the best path to follow

hi,

i am presently on H1B, but will be losing my job in the coming two months. I have two options.
1) Search for a new job and file for a visa transfer incase i am lucky to find one
2) Go back to school to pursue a PhD degree.

If I decide to go to school then when should i apply for a change of status. is going back to india for a little while and applying for F1 there a better option. I don\'t want to take the risk of applying for a change of visa status in the U.S due to long processing times that they take. Is going to Canada and getting the visa advisable. I am not sure whether you have to surrender your I-94 when you are going to Canada. My H1B is not stamped and all i have is a notice of action from my employer. given this scenario what happens if my F1 visa gets rejected in canada. please provide answers to some of the above questions.

thanks
 
how risky is it to tranfer visas in canada

hi,

assuming i have admission with I-20 and RA from the university and also letters of recommendation from my future Phd advisor how risky is it to transfer from H1 to F1 visa in canada.
I would want an answer to this for a case when i do the visa transfer before my last working day which means when i am still on H1B status.
also if my visa is rejected in canada can i enter the u.s again. i still would have my H1 papers and also an I-94 with me i guess.

Please let me know
 
Urgent..Please advise

Hi,
Following is my situation:
I was working for a start-up (say X)(on H1B) that closed down on Aug, 2001.
They gave me an indication about that in May so that I could find another job.
I got an offer from another company(say Y) but they said that they can\'t
transfer my H1B but I can work for them on a corp-to-corp contract basis.
In an effort to save my visa, my company\'s (X)accountant talked to the
immigration lawyer and she said that I can work as a consultant for the other
company(Y)as long as they pay me through my current employer(X). So, I stared
for the other company(Y). Since my company X(that is holding my H1B) closed
down they didn\'t have any payroll dept (they exist on paper only) they started
giving me a check (just a paycheck without any pay stub) and the check has
the company\'s name on it. They paid me in that way till Jan 2002. Now I\'ve a
few concerns.

1. Since they were giving me just a check (without a paystub), will INS accept
that as a valid paycheck? Ofcourse my company will issue a 1099 form against
that which will help me to prove that I was not making anything illegally.

2. In last few months (Nov 01 - Jan 02) I didn\'t make much from that consulting
job and as a consequence, My company had to write me small checks. The
amount definitely complies with minimum federal wage but t was almost 20% of
the rate that my company (X) promised to pay in the offer letter when I joiend
them.Do you think that the amount of those checks could be a problem (even if
INS accepts those pay checks without any pay stubs)?

3. I\'ve have all pay stubs from my employer till Aug,01. At this moment I\'m
thinking about going back to school. Do you think that in my situation ,
switching to F1 will be safer an much easier? I talked to the school and
they are definitely very much interetsed to give me offer with financial
support. When I talked to the International student advisor, he said that
he can\'t issue an I-20 at anytime he wants (even if the school ready to
give me an offer at the middle of the semester). He says that he can issue
an I-20 for 2002 Fall only (since the spring has already began) and he can\'t
issue that a max of 90 days before the Fall sem starts. That means he can issue
an I-20 in May/June 2002 only. To be very honest, I think that he was making up
his own story just because he doesn\'t want to do any extra work (He doesn\'t
have a good reputaion as a helpful person). Do you really think that what he
said is correct? In my s
ituation, I should really get an I-20 asap as time
is running out. What should I do if I want to go back to school this summer
(June) or Fall (Aug) without INS causing me any problem?

4. Technically speaking:
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
a. If INS accepts those paychecks (till Jan 2002) without paystubs
as valid payroll, then I\'m still in status.

b. Otherwise I\'ve paystubs still Aug, 2001 and that means I\'m out
of status.

What should I do in this situation? What could be the best option?
Thanks in advance.
-Dan
 
friend got h1B - f1

fOR UR INFORMATION, A FRIND OF MINE WHO WAS LAID OFF ON h1B - nOV 30TH GOT ADMITTED TO COLLEGE jAN 1ST WEEK, WENT TO india FOR sTAMPING and got a 5 yr F1 (though she asked for 2yrs only)

So going to India has been safe as it seems... She informed me that many F1 were beig rejected in mumabi especially (she is mumbai) almost 70% but since she had a valid H1B (until dec2002) and that consulate does not nkow she was laid off.... she was very asfe as such. she used the drop ox, so interviews for her (on her F1)...
Alls well for her now...
Hope this helps...
 
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