Please Help:H-1 to F-1

[Neomagic]

Hi,

My brother came to the US on a F-1 visa for his Masters; he moved to a teaching position in the same University after his Master's and moved onto a H-1 visa. While he was working fulltime, he was doing his Ph.D. His employment is going to be terminated by the University soon and he is planning to move from H-1 to a F-1 visa to complete his Ph.D. He applied for LCA (for his greencard) in 2003 but it came back with a query and he decided to drop his application.

For this change of status (COS) from H1 to F1, some questions:

1) Is the H-1 to F-1 COS impacted by the fact that a LCA was filed (showing intent to immigrate)
2) How long does the COS take? and when should it be filed?
3) While the COS application is under process is the student allowed to
pursue studies or is he required to wait until the COS decision is
received?
4) We know that an application is required to be made within 10 days of
termination of job contract. But if the termination date is known in
advance can an application for COS be made ahead of time. If so, what
happens if the application is acted upon even as H1 job is in progress?
How will it affect the dependents if they are not already in US (on H4
VISA) by the time we get the decision? So, basically what is the
optimal timing of application if we do have some flexibility in the matter?


I would appreciate advice/comments.

Thanks

Neomagic

 

[jaxen]

1. Yes
2. Takes forever. Should file today
3. wait till the COS decision
4. Have a future F1 start date.

 

[Neomagic]

1. Yes
2. Takes forever. Should file today
3. wait till the COS decision
4. Have a future F1 start date.

Hi Jaxen,

Thanks for your reply. My brother's employment termination date is August 31. What should he do during the time his H-1 to F-1 change of status (COS) is being processed. Can he stay in the US legally during the time after his H-1 expiration and before his new F-1 gets approved? What happens to the status of his family which is now on H-4 after his H-1 expires but the COS is still being processed?
Thanks again.

Neomagic.

 

[Neomagic]

Hi Jaxen,

Thanks for your reply. My brother's employment termination date is August 31. What should he do during the time his H-1 to F-1 change of status (COS) is being processed. Can he stay in the US legally during the time after his H-1 expiration and before his new F-1 gets approved? What happens to the status of his family which is now on H-4 after his H-1 expires but the COS is still being processed?
Thanks again.

Neomagic.

Hi Jaxen,

One more quick question: my brother's family is in India right now on a H-4 visa. Should they come back to the US before he files his change of status application from H-1 to F-1 ?. I mean, do their H-4 visas become invalid immediately after he files for his H-1 to F-1 change of status application?

Thanks again.
Neomagic

 

[AM4GC]

F1 's dependants has to be in F2 visa. If H1 to F1 COS is successful, then probably family can apply for F2 in their home country. If they are in USA, they have to also apply for COS for F2 , but F1 is not yet approved. So they need to start processing COS to F2 after F1 is approved......... Isn't it?