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  • H1 to F1 change of status

    Dear Experts,

    I am in a terrible situation, and I need to find a way very badly,

    Here is my current situation,

    I am on H1 visa, well my h1 visa expired but has my i797 with i-94 valid until may 10, 2011. I am currently not working and the worst part is my current employer is not responding to calls or emails, which means I may not file for h1 extension. So I need to find a way to remain in USA legally, some of my friends suggested to find either a new h1 employer or apply for f1 and change the status.

    My questions :

    whats the quickest and complete procedure to change my status from h1 to f1?

    Do i have enough time to start the process keeping my i-94 expiry date(may10) in mind?

    I need some tips and tweaks for this.

    Also, Is there any other way that I can remain in USA legally, I am an SAP consultant and worked on it for few years unfortunately could not find a job at this point of time, I was waitng for a project so that I can extend my h1.
    Since I don't have a job I am unable to approach new h1 employer without a project in hand. (or even without payslips).

    If there any h1 employer that you know of in VIRGINIA state please let me know, I am willing to transfer.

    Please let me know all the options I have to remain in USA legally one or the other way., As I have built some plans in USA and kind of stuck in between, for that reason I do not want to go back to india at this point of time and do not like to stay in USA illegally either.

    Kindly suggest and help,
    Last edited by john001; 04-27-2011, 01:34 AM.

  • #2
    Unfortunately to change to any other status you will need to prove that you are maintaining the current status which you are not. It will not be possible to change or extend status here. You should prepare to leave the US.
    If you really want to study or work, you can obtain another duration Visa from your home country and return.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thanks for the reply,

      How do you usually prove your status here in USA., Is valid i797 with i94 not enough to prove my status here in USA?

      As I said I cannot take the chance of going back to india and come back, for some personal reasons, I invested lot of money here already, I am one of the many unfortunate people who lost the job recently, I see the brightside as the market is getting better.

      I am willing to pay money even to my current employer to get things straight. If it means that he shall provide payslips., I want to know every possible options, tips and tricks, tweaks, seedha nahi hai tho ulta., I do not want to think about my past, I want to look into every possible option I have, It may not be appropriate to ask such things here in the forum, it is because of the situation that demands me to stay in usa.

      I am trying to be as honest as much as I can in my posts so that you guys can understand the situation I might be in, and help me out with various possibilities I might have, risk levels,.

      Please educate me., so that i can plan it good atleast now.

      I will be very thankful to everyone who can provide me any suggesstions or possibilities.
      Last edited by john001; 04-27-2011, 12:07 AM.

      Comment


      • #4
        Do you know what kind of an image you make of all the foreign/Indian professionals by posting this on a public forum? These tips and tweaks is what has made life difficult for genuine people.
        If your job is terminated by the employer, they are required by law to pay your return airfare. If they are not paying you your salary, you can complain to the DOL about that. That's all the tip I can give you.
        Last edited by kabkaba; 04-27-2011, 10:14 AM.
        This is my opinion and not legal advice.

        Comment

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