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Hi,
I am currently working in US on an H1B visa.
Starting May 2010, I am planning to attend a grad school where I have already been accepted and awarded scholarship. Now I have to apply for F1 visa once I receive the I20 and get other documents in order.
I understand from my own research and searching other threads on this forum, there are two ways to do this -->
a) Change of Status (I539) from H1B to F1
b) Leave USA, Get F1 stamped, Re-enter on F1
While I do understand these processes very well, I have a few nagging doubts in my mind and I would appreciate it if Immihelp can help resolve my queries!
Here are my questions:
1) If I opt for COS, I will not be able to utilize my scholarship until the COS is approved. Is this true?
2) I539 COS Application recommends applying for COS at least 45 days before the new status is needed. In this case, I am expecting to receive the I20 from the grad school only by early-April. This means there will be less than 45 days before classes start. Can I still apply COS and explain the cause of my late application to USCIS? Will my application decision be affected due to this?
3) Again, if I decide for COS, it means I must submit financial guarantee proof for the entire duration of study. This means having to submit original documents. Will I get my original documents back? If not, then can I just submit attested copies of un-replacable documents like Fixed Deposit Certificates, Property Documents etc?
Regarding H1B clock...When I switch to F1 in May I will still have 3 years on my H1B clock.
4) So, if I apply for COS and my current employer cancels my H1B visa after I leave, will I just be applying for COS into H1 (Outside Quota) after I graduate?
5) If I decide to go out of country, that is, leave country after leaving my employer, then get F1 stamped in my home country and re-enter...Does my current H1 clock become invalid? Will I then have to apply for a fresh petition and fall under quota all over again after graduation?
My understanding of this is that once filed, your petition/status is has 6 years to complete and any time not spent on H1 (regardless of COS or switch to another visa) is not counted towards the 6 years.
6) If the above statement is true, then I assume that it does not matter if I take a COS or go back to my home country and get a fresh visa and that after I graduate, my new employer can request for H1B and I can utilize my remaining time then. Is this assumption correct?
Thanks in advance for your replies!
I am currently working in US on an H1B visa.
Starting May 2010, I am planning to attend a grad school where I have already been accepted and awarded scholarship. Now I have to apply for F1 visa once I receive the I20 and get other documents in order.
I understand from my own research and searching other threads on this forum, there are two ways to do this -->
a) Change of Status (I539) from H1B to F1
b) Leave USA, Get F1 stamped, Re-enter on F1
While I do understand these processes very well, I have a few nagging doubts in my mind and I would appreciate it if Immihelp can help resolve my queries!
Here are my questions:
1) If I opt for COS, I will not be able to utilize my scholarship until the COS is approved. Is this true?
2) I539 COS Application recommends applying for COS at least 45 days before the new status is needed. In this case, I am expecting to receive the I20 from the grad school only by early-April. This means there will be less than 45 days before classes start. Can I still apply COS and explain the cause of my late application to USCIS? Will my application decision be affected due to this?
3) Again, if I decide for COS, it means I must submit financial guarantee proof for the entire duration of study. This means having to submit original documents. Will I get my original documents back? If not, then can I just submit attested copies of un-replacable documents like Fixed Deposit Certificates, Property Documents etc?
Regarding H1B clock...When I switch to F1 in May I will still have 3 years on my H1B clock.
4) So, if I apply for COS and my current employer cancels my H1B visa after I leave, will I just be applying for COS into H1 (Outside Quota) after I graduate?
5) If I decide to go out of country, that is, leave country after leaving my employer, then get F1 stamped in my home country and re-enter...Does my current H1 clock become invalid? Will I then have to apply for a fresh petition and fall under quota all over again after graduation?
My understanding of this is that once filed, your petition/status is has 6 years to complete and any time not spent on H1 (regardless of COS or switch to another visa) is not counted towards the 6 years.
6) If the above statement is true, then I assume that it does not matter if I take a COS or go back to my home country and get a fresh visa and that after I graduate, my new employer can request for H1B and I can utilize my remaining time then. Is this assumption correct?
Thanks in advance for your replies!
