H1B to F1

[somesh]

Hi I am working on H1B in US currently and would be joining school this fall as student. I have following questions regarding switching Visa from H1 to F1 :

1. Do I need to go back to my home country - India to get Visa Transfer from H1 to F1 ? If yes then how safe is that or if now then is there an alternate way to get F1 stamped ? Canada, Mexico ?

2. What is the normal processing time for F1 visa completion formalities ?

3. Any ideas about the availability of dates for Visa Stamping in India

TIA.

[txh1b]

Did you not consider changing status from H1 to F1 while in the US? You can get it stamped in a third country as well. What formalities? Check the VFS page for appointment availability.

[somesh]

H1B to F1

thanks TX, can you please share the link where I can explore my options. I didnt found anything at Vfs-usa.co.in with respect to 'change in Visa status' .. If I can get the status change while in US only, it would be the best option .

TIA..

[txh1b]

You are looking on the wrong website. Check on immihelp. Also, talk to the school ISO that is issuing your I-20. They can guide you as well on the status change procedure. Here is a link.

http://www.uscis.gov/files/article/c2_english.pdf

[somesh]

Visa Transfer from H1 to F1

Hi ,

My H1 is applied for extension (almost 2 months now) and now I want to go back to school i.e need to get the visa transfer to F1 status. Any idea how much time it may take for the transfer process. My school starts in Aug.

[somesh]

H1 extension with USCIS but need to convert it to F1

Hi,

My H1 is with USCIS for extension since Arpil but the status for the same is still 'under review/process'. I need to join school this fall ( Aug 2008) and would need to apply for change of status to F1 before that.

Correct me if I am wrong : If I stay in US itself the I may have to wait for new I94 ( H1 extension) to apply for change of status to F1. This may take time and looking at the wait queue I may not get my new I94 on time even. Can I apply for Change of Status to F1 while my H1 is still with USCIS for extension ? Is that a safe bet ?

Now otherwise in such a scenario, If I decide to go back to india (thus ivalidating my current H1, even though my extension application is under process with USCIS ) and apply for fresh F1, how good that would be as an option ? Sounds safe or could be risky with cancelling one application in midway and applying for another?

Please advice.

[shiprasharma]

h1 to f1 conversion

my query is that how soon can I convert my h1 to f1..is it possible that once im workin on h1 say for 4-5 months or so....cn I convert it into f1 or will there be sum problems for that..
Is it better i stay in US nd do that or go to India nd then apply for conversion

Please help...

[rainysuj]

H1B to F1 COS

Hi,

My H1 transfer with company B was denied today. My company has not received the official denial notice and the reasons for denial but I saw the status online.
I believe my company will reopen the case but to be safe I was planning to apply for change in status to F1.

1. Does anyone know what happens if I change my status from H1 to F1 and then I get my H1 approved based on reopening my case?
Is my status now F1 or H1?
2. Can the company B apply for a fresh H1B for me? (I am assuming that my prior company has not revoked my H1B visa and I have approached them for rejoining them)

Thanks!

[kabkaba]

Hi,

My H1 transfer with company B was denied today. My company has not received the official denial notice and the reasons for denial but I saw the status online.
I believe my company will reopen the case but to be safe I was planning to apply for change in status to F1.

1. Does anyone know what happens if I change my status from H1 to F1 and then I get my H1 approved based on reopening my case?
Is my status now F1 or H1?
2. Can the company B apply for a fresh H1B for me? (I am assuming that my prior company has not revoked my H1B visa and I have approached them for rejoining them)

Thanks!

When does your latest I-94 expire? If it has already expired you are considered illegal and motion to re-open does not give you legal status. Change of status will also not be approved in such a case. Also, which employer are you working for A or B? You must stop working for B and work for A, since B's petition is denied.

Depending on your I-94 date and work status you will have to decide what you should do. You may also consult an immigration attorney.