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Hello,
I came to the US in 2003 on a F1 visa and did a MS in Mechanical Engineering from a top univ in USA. Following graduation in December 2005, I worked first on OPT till Oct 2006 and then have been working on H1-b visa since then.
Now this year I got accepted at a top 20 university in USA for a full time MBA with partial scholarship. The course will start in August 2009
I am still in USA. In April my present company had 20% layoffs and I was one of them. Luckily I found another company which transferred my H1b.
however this transfer was filed in mid april and is still pending with INS. I believe that it might get approved any day now. Since I already knew that I will be joining school, I did not start work at this company but told them to give me laeve without pay (as i am legal to be in USA as long as my H1 transfer is filed) Now I just recently started working in this new company (in order to obtain atleast one pay stub and will secure that this week)
Now my query is that should I wait to get the H1 transfer complete and then apply for a Change of Status to F1 or should I travel to India and get my passport stamped with a new F1? I have heard some bad stories of F1 getting rejected recently due to the bad economy. I already have my I-20 from the university.
I can prove enough property in India and also good bank balance for the I20.
My concern is that the officer might argue that since I already have a MS from US and have worked here, I will not come back as I did not come back after my MS in 2003?!
Likewise, there is a always a possibility of a denial in the transfer of H1 to F1 also? Is that correct?
If I do travel to India, I will interview at the Delhi Consulate as I belong to North India near Delhi originally.
My parents are both very well settled in India, I have one elder sister who is in USA with her husband (both are qualified doctors)
Please suggest ASAP
Thanks
I came to the US in 2003 on a F1 visa and did a MS in Mechanical Engineering from a top univ in USA. Following graduation in December 2005, I worked first on OPT till Oct 2006 and then have been working on H1-b visa since then.
Now this year I got accepted at a top 20 university in USA for a full time MBA with partial scholarship. The course will start in August 2009
I am still in USA. In April my present company had 20% layoffs and I was one of them. Luckily I found another company which transferred my H1b.
however this transfer was filed in mid april and is still pending with INS. I believe that it might get approved any day now. Since I already knew that I will be joining school, I did not start work at this company but told them to give me laeve without pay (as i am legal to be in USA as long as my H1 transfer is filed) Now I just recently started working in this new company (in order to obtain atleast one pay stub and will secure that this week)
Now my query is that should I wait to get the H1 transfer complete and then apply for a Change of Status to F1 or should I travel to India and get my passport stamped with a new F1? I have heard some bad stories of F1 getting rejected recently due to the bad economy. I already have my I-20 from the university.
I can prove enough property in India and also good bank balance for the I20.
My concern is that the officer might argue that since I already have a MS from US and have worked here, I will not come back as I did not come back after my MS in 2003?!
Likewise, there is a always a possibility of a denial in the transfer of H1 to F1 also? Is that correct?
If I do travel to India, I will interview at the Delhi Consulate as I belong to North India near Delhi originally.
My parents are both very well settled in India, I have one elder sister who is in USA with her husband (both are qualified doctors)
Please suggest ASAP
Thanks
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