H1b to F1

[var]

Iam currently working in USA on H1b visa. I have been admitted to a B-School for MBA. My parents are in US under'Adjustment of Status for Green Card". Need help with following questions :

1) After getting I-20 can I go to India for stamping of F1 while I am still having valid H1b in my hand ?

2) If my F1 visa stamping gets rejected can I come back to USA on the same H1b, bcos that is still valid ?

[kabkaba]

Iam currently working in USA on H1b visa. I have been admitted to a B-School for MBA. My parents are in US under'Adjustment of Status for Green Card". Need help with following questions :

1) After getting I-20 can I go to India for stamping of F1 while I am still having valid H1b in my hand ?
That makes no difference.
2) If my F1 visa stamping gets rejected can I come back to USA on the same H1b, bcos that is still valid ?
Only if you intend to work for the H1 employer.

See above.

[var]

Thanks. I just had a couple of followup questions:

1. If my F1 visa gets rejected, and I come back to US on H1B and I begin change of status to F1, will my F1 visa rejection negatively affect this process?

2. Do you recommend going to Canada for the F1 visa stamping, or going to India to do the F1 visa.

3. Finally, since my parents are in AOS for GC, will I be rejected automatically since my parents have shown an "intention to immigrate." I myself have never applied for GC (and I have lived in the US for ten years on H4, F1 (for my other masters), and H1b visas).

Thanks.

[kabkaba]

Thanks. I just had a couple of followup questions:

1. If my F1 visa gets rejected, and I come back to US on H1B and I begin change of status to F1, will my F1 visa rejection negatively affect this process?
No, it will not affect. But you must maintain H1 status by working for hte H1 employer.

2. Do you recommend going to Canada for the F1 visa stamping, or going to India to do the F1 visa.
Probably does not make a big different. You can read other people's experiences on this forum for both India and Canada.
3. Finally, since my parents are in AOS for GC, will I be rejected automatically since my parents have shown an "intention to immigrate." I myself have never applied for GC (and I have lived in the US for ten years on H4, F1 (for my other masters), and H1b visas).
It may affect. Have they already gotten their GC? If yes, you will have to mention their status as PR's in your application and you may be questioned about your own intentions in relation to theirs.
Thanks.

Think about what holds you back to your home country.

[var]

Thanks so much for your responses. I feel that I will be able to show enough assets to demonstrate my ties to the home country. Could you please help with a couple of final followup questions:

1. Going back to the F1 visa rejection point, if I don't get the F1 visa, then wont that affect the change of status to F1 when I come back to US (on the H1b)? Or are the F-1 visa and change of status two completely separate processes that are not linked in any way?

2. Will having an F1 visa rejection be a "black mark" in all my future visa applications, such as the H1B after I complete my education? Will that visa rejection cause a problem in all future applications?

Thank you so much for your help!

[kabkaba]

Thanks so much for your responses. I feel that I will be able to show enough assets to demonstrate my ties to the home country. Could you please help with a couple of final followup questions:

1. Going back to the F1 visa rejection point, if I don't get the F1 visa, then wont that affect the change of status to F1 when I come back to US (on the H1b)? Or are the F-1 visa and change of status two completely separate processes that are not linked in any way?
No, it will not affect. But you must maintain H1 status by working for hte H1 employer. Those are unrelated processes.
2. Will having an F1 visa rejection be a "black mark" in all my future visa applications, such as the H1B after I complete my education? Will that visa rejection cause a problem in all future applications?
Yes, but not for H1B. Only for Visas that require lack of immigrant intent such as F, B or J. H Visas allow immigrant intent.
Thank you so much for your help!

See above.

[var]

Thanks so much for your help!

[var]

Hi Kabkaba,

I need your help with one final issue. Suppose that I get my F-1 visa - can I request that my H-1B visa also be remain in my passport and that they not cancel my H-1B visa? My plan is below - is this feasible?

My plan is as follows:

1. Go to India for F-1 stamping, while maintaining the H-1B at the present employer.
2. Get the F-1 visa, and request them to not cancel the H-1B visa that is in my passport because I want to go back and resign and give them a 2 weeks notice/transition period
3. Come back to the US on H-1B visa, tell my employers I am resigning and work in the US for 2 weeks (which is our standard notice period).
4. Leave the US after 2 weeks. Employer will now withdraw the H-1B, and I'll come back to the US in July, when the F-1 visa begins.

Can the above be done? If so, at what point will the H-1B be cancelled? Will it be cancelled at port of entry in Step 3 above?

Thanks once again for your help, and I eagerly await your response.

[kabkaba]

No, you cannot request any such thing. It is totally up to the Consular officer to decide. In fact, stating that you want to go back and work will hamper your chances of getting F1 Visa.