Complicated F1 situation.. Any help is greatly appreciated

[calonixgandhi]

I was working in US on L1 visa for 4+ years. My assignment got over and I am back in India now. While I was there I started my PG (MBA) and completed first semester. As my assignment got over I was no more allowed to be in US under L1. I didn’t apply for Change of Status (COS) from L1 to F1 as I had a need to visit India. Now that I am India I want to apply for F1 visa targeting Summer 2012. Here are question I have at this point…
1) Since F1 is non-immigration visa and given my case of 4+yrs already in US, are there any complexity in F1 interview? Would a interviewer think that I am trying to continue stay in US rather than continue my studies?
P.S: I have college admission letter, I-20, First semester grad sheet with me.
2) Six year rule: This is more a fear than a question… When I graduate (May 2014) can a apply for H1? Or will the six year rule count against me? I would have 4+ yrs of US work exp (on L1) and ~2yrs for studies (on F1). That will sum up to ~6 continuous years in US. Will there be any issue when applying for H1 at that point? Or the 6 yr count reset when i enter US as a student?

Any help is greatly appreciated…. Thanks in advance…

[kabkaba]

I was working in US on L1 visa for 4+ years. My assignment got over and I am back in India now. While I was there I started my PG (MBA) and completed first semester. As my assignment got over I was no more allowed to be in US under L1. I didn’t apply for Change of Status (COS) from L1 to F1 as I had a need to visit India. Now that I am India I want to apply for F1 visa targeting Summer 2012. Here are question I have at this point…
1) Since F1 is non-immigration visa and given my case of 4+yrs already in US, are there any complexity in F1 interview? Would a interviewer think that I am trying to continue stay in US rather than continue my studies?
P.S: I have college admission letter, I-20, First semester grad sheet with me.

You should expect questions about why you chose this school, why you chose this program etc.

2) Six year rule: This is more a fear than a question… When I graduate (May 2014) can a apply for H1? Or will the six year rule count against me? I would have 4+ yrs of US work exp (on L1) and ~2yrs for studies (on F1). That will sum up to ~6 continuous years in US. Will there be any issue when applying for H1 at that point? Or the 6 yr count reset when i enter US as a student?

Unless you have spent 1 year outside the US, your previous L1 stay will count against any L1 or H1 limits.

Any help is greatly appreciated…. Thanks in advance…

See above.

[calonixgandhi]

Thanks KabKaba for your reply...
Just a follow up to question 2:
When I graduate on May 2014, I will still be eligible for ~2 Yrs in H1 or L1. Am I correct? If a company is willing to do GC for me then i can stay continuously, right?

Different Scenario:
Lets say I get F1 visa approved and I go to US this summer. Can I apply for job and transfer to H1 based on my previous experience and begin working Oct 2012? Will it be a issue (in H1 processing) as I will be switching to work visa within months?

Thanks for your help...

[kabkaba]

Thanks KabKaba for your reply...
Just a follow up to question 2:
When I graduate on May 2014, I will still be eligible for ~2 Yrs in H1 or L1. Am I correct? If a company is willing to do GC for me then i can stay continuously, right?

6 years minus past L1/H1 stay.

Different Scenario:
Lets say I get F1 visa approved and I go to US this summer. Can I apply for job and transfer to H1 based on my previous experience and begin working Oct 2012? Will it be a issue (in H1 processing) as I will be switching to work visa within months?

That is possible.

Thanks for your help...

See above.