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H1-F1 conversion / general student visa questions

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Re: H1-F1 conversion [#permalink] New post 17 Feb 2010, 18:51
snowinTX wrote:

The application for H1 can be filed in April (and must be, if you want to make it within the cap) and the H1 will then go out in October. I don't know if it's possible to "sit" on H1 by applying in April of your 1st year of MBA, then receiving H1 in October of the 2nd year, and not using it until after graduation in June => Does anybody know?

Hope this helps!


Well,H1 should be filed by an employer.Who would give you a job in your first year? I believe once your H1 gets approved,you won't be on F1 anymore.On H1,your employer should start paying you if you are in USA.So your idea does not work.
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H1 B & OPT issues after graduation [#permalink] New post 17 Feb 2010, 19:32
As an international student I would use ~3 months of my OPT if I did my internship in the US.
Nex, when I graduate in June/July of 2012 can my employer still apply for H1 B or do I need to work on OPT till the next HiB lottery in 2013? The OPT left will only be ~9 months which may not be sufficient right?
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Re: H1 B & OPT issues after graduation [#permalink] New post 17 Feb 2010, 19:44
aditi123 wrote:
As an international student I would use ~3 months of my OPT if I did my internship in the US.
Nex, when I graduate in June/July of 2012 can my employer still apply for H1 B or do I need to work on OPT till the next HiB lottery in 2013? The OPT left will only be ~9 months which may not be sufficient right?


You have something called CPT which can be used for summer internship.OPT comes into play once you graduate.Your employer can apply for a H1 in June if there are any visas left in the quota.

Lottery doesn't happen all the time.Only when more than 65k visa applications reach USCIS offices by April 1st,lottery takes place.Lottery did not happen last yr.Masters students have an additional 20k visas.So you will have 85k visas then.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 17 Feb 2010, 20:42
I have the same issue, I-140 approved and now I have to go for F1. I had no clue that F1 will be affected if I applied for green card. :-(
I'm consulting an immigration lawyer, this is a gray area- it's not a 100% chance of denial (is what I heard). Let's hope for the best. PM me if you're in the same position and would like to discuss more.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 17 Feb 2010, 23:09
Is there any clear advantage of applying for Change of Status over applying for a new F1 in India? I am very keen on visiting India before starting the school and would like to quit work asap to take a break.

I have used around 4.5 years on H1. I have not applied for GC, but my spouse has labor certification done, but not applied for I-485. When I produce financial documents, my bank accounts will be the ones in the US. Can any of these factors negatively impact F1 visa by indicating intent to immigrate?

I have almost decided to go to India and get the visa done there. But if there is any issue that would make the process riskier, I'd rather stay back and apply for COS. what do you think?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Feb 2010, 07:12
gmatter09 wrote:

I have almost decided to go to India and get the visa done there. But if there is any issue that would make the process riskier, I'd rather stay back and apply for COS. what do you think?


I too wanted to go to India but do not want to make my MBA hostage to the visa officer's decision.I will choose CoS for now and will visit India in Dec.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Feb 2010, 07:15
Class2012 wrote:
gmatter09 wrote:

I have almost decided to go to India and get the visa done there. But if there is any issue that would make the process riskier, I'd rather stay back and apply for COS. what do you think?


I too wanted to go to India but do not want to make my MBA hostage to the visa officer's decision.I will choose CoS for now and will visit India in Dec.


isn't that even worse ... if you get into visa trouble in dec.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Feb 2010, 07:26
rao_1857 wrote:
Class2012 wrote:
gmatter09 wrote:

I have almost decided to go to India and get the visa done there. But if there is any issue that would make the process riskier, I'd rather stay back and apply for COS. what do you think?


I too wanted to go to India but do not want to make my MBA hostage to the visa officer's decision.I will choose CoS for now and will visit India in Dec.


isn't that even worse ... if you get into visa trouble in dec.


I heard the chances are pretty less since you already completed a semester.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Feb 2010, 08:42
@class2012: humm .. good to know that. mind sharing where you got this info?

Come on guys we got to find somebody who's gone thru this. I searched the forum but couldn't find much info...

hard to believe that class of 2012 is the first to jeoperdize their GC for an MBA :-)
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Re: H1-F1 conversion [#permalink] New post 18 Feb 2010, 09:26
Class2012 wrote:
snowinTX wrote:

- However, you can use remaining H1-B time. The catch here is that to transfer your H1-B, the new job needs to be very similar to the one that issued it to you. I want an MBA to change my career... ha ha ha.


Are you sure about this? Career switchers like me would be screwed.


I think I was wrong!!! I'm actually really excited about it. I just did a lot of digging online, and it looks like you can transfer your H1B visa to any other job that would qualify for an H1B (specialty occupation, etc.), but it doesn't have to be in any way similar. Also, an H1B transfer is not subject to the H1B cap. And premium processing is available.

However, if you have already filed for a green card and you are transferring your job (you can do so with an approved I-140 and I-485 pending over 180 days), you do need to go to a very similar job description if you don't want to start the process all over. Here is a good link: http://www.lawbench.com/immigration-for ... ead-urgent

"1. If you transfer your H-1B, nothing will happen to your green card process. Just make sure that your new green card sponsor sends the USCIS a written notice containing your new job offer, which must be in the same or a similar job classification."

Sorry for the confusion! But honestly, I'm very happy I was mistaken... :-)
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Re: H1 B & OPT issues after graduation [#permalink] New post 18 Feb 2010, 11:46
Class2012 wrote:
aditi123 wrote:
As an international student I would use ~3 months of my OPT if I did my internship in the US.
Nex, when I graduate in June/July of 2012 can my employer still apply for H1 B or do I need to work on OPT till the next HiB lottery in 2013? The OPT left will only be ~9 months which may not be sufficient right?


You have something called CPT which can be used for summer internship.OPT comes into play once you graduate.Your employer can apply for a H1 in June if there are any visas left in the quota.

Lottery doesn't happen all the time.Only when more than 65k visa applications reach USCIS offices by April 1st,lottery takes place.Lottery did not happen last yr.Masters students have an additional 20k visas.So you will have 85k visas then.


If your employer extends you an offer for after graduation, hopefully it will happen BEFORE your graduation in June/July. If that is the case, the employer can apply for the H1 right away (given there are visas still left, as Class2012 said)

Great link here: http://www.happyschoolsblog.com/when-h1 ... 5-to-2009/ (all my links are, by definition, great ;-))

According to it, in 2007 and 2008 there was such a stampede for visas that the cap was reached within days after April 1st, which then lead to a creation of a lottery. However, because of the economy, TARP restrictions, and higher employee scrutiny, in 2010 it took until December 21st of 2009 to reach the quota!

My guess is that the economy is unlikely to spring back to 2007 levels right away, but by 2012 it might... I sure hope it does! By then, USCIS might revise the visa cap up (or down?). Obama keeps promising Immigration Reform... although with all the healthcare stuff it's fallen by the wayside this year.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Feb 2010, 12:09
The vast majority of final year recruiting takes place before the April lottery for H1-B's. Normally the graduate degree allocation lasts about a month at most, this year it was filled late in December.

The employer will (if they actually recruit internationals - you will be surprised how many will not) file for H1-B for the student. I believe there is a possible way to get a bridge visa out to the October sending of the paperwork, but you typically have to use OPT between (and get extended OPT if they go for the visa in the second year, as banks will this year - 2010 is going to be ugly on H1-B in my opinion).

I don't get the whole applying for H1-B yourself - that is virtually impossible I should imagine (given that you aren't legally in a position to be employed, but are founding a business to employ yrself or whatever).
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Feb 2010, 20:39
rao_1857 wrote:
@class2012: humm .. good to know that. mind sharing where you got this info?

Come on guys we got to find somebody who's gone thru this. I searched the forum but couldn't find much info...

hard to believe that class of 2012 is the first to jeoperdize their GC for an MBA :-)


I think different school have different recommendations. I consulted with Kellogg's international office, and they suggested doing a clean F1 entry for future traveling convenience and also because COS can be lengthy. They also re-assured that they haven't gotten difficult cases with this kind of re-entry in recent years. I plan to go home to get F1 and leave enough time to deal with any uncertainties.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 19 Feb 2010, 11:03
theDreamChaser wrote:
rao_1857 wrote:
@class2012: humm .. good to know that. mind sharing where you got this info?

Come on guys we got to find somebody who's gone thru this. I searched the forum but couldn't find much info...

hard to believe that class of 2012 is the first to jeoperdize their GC for an MBA :-)


I think different school have different recommendations. I consulted with Kellogg's international office, and they suggested doing a clean F1 entry for future traveling convenience and also because COS can be lengthy. They also re-assured that they haven't gotten difficult cases with this kind of re-entry in recent years. I plan to go home to get F1 and leave enough time to deal with any uncertainties.


just want to clarify since i got a couple of inquiries regarding whether I have filed I-140. I did not. I am in the labor certification process and intend to stop here without proceeding. And for those who already filed I-140, I highly recommend talking to an experienced lawyer about it since it is a difficult situation. Best of luck guys, I know the whole application process is hard enough and now we have deal with all the immigration stuff that comes with being an international student~
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 19 Feb 2010, 11:49
I agree. I will probably talk to my lawyer and see what he says... he is pretty experienced. the only problem i just heard that he is out of office. Difinetely by next month some time i should have something. Can you guys try to do the same thing... talk to your companies lawyer and see what he says.

Lawyers and doctors have a non-discosure policy ;) so he wont be disclosing this to your manager.. just in case if you are worried about that part.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 19 Feb 2010, 12:08
rao_1857 wrote:
I agree. I will probably talk to my lawyer and see what he says... he is pretty experienced. the only problem i just heard that he is out of office. Difinetely by next month some time i should have something. Can you guys try to do the same thing... talk to your companies lawyer and see what he says.

Lawyers and doctors have a non-discosure policy ;) so he wont be disclosing this to your manager.. just in case if you are worried about that part.


I actually have talked to my company's lawyers before I started the GC process. They basically said that it does add negative factor, but you can argue either way, it shows immigration intent, but you can also argue that leaving an employer that started the green card process is evidence that you don't intent to remain in the US permanently. I didn't find that advice particularly useful since we all know it doesn't really matter how we argue with the VO in visa interviews....
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 19 Feb 2010, 13:52
theDreamChaser wrote:
rao_1857 wrote:
I agree. I will probably talk to my lawyer and see what he says... he is pretty experienced. the only problem i just heard that he is out of office. Difinetely by next month some time i should have something. Can you guys try to do the same thing... talk to your companies lawyer and see what he says.

Lawyers and doctors have a non-discosure policy ;) so he wont be disclosing this to your manager.. just in case if you are worried about that part.


I actually have talked to my company's lawyers before I started the GC process. They basically said that it does add negative factor, but you can argue either way, it shows immigration intent, but you can also argue that leaving an employer that started the green card process is evidence that you don't intent to remain in the US permanently. I didn't find that advice particularly useful since we all know it doesn't really matter how we argue with the VO in visa interviews....



I totally agree with you ...

We will see .. the best way is to talk to experienced lawyers and International student services office at respective schools - to find whats best. Given that we are so many here .. I am hoping that we will be able to figure out the best way ;-)

I will try to get hold of my lawyer and wil keep you guys posted ...

All:
One more thing ... if you already know the name of theschool you are matriculating from .. please try to reach out to international students service center and check with them.

Keep us posted ...
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 22 Feb 2010, 07:09
I am sailing in the same boat. H1B + approved I-140 :(
I will try to get some info and if I find something, I will share with you guys
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 09 Mar 2010, 12:30
Folks - this is what I am planning to do

1)I am on L1 and would have used 3 and a half years by May,2010. I plan to take a paid vacation ,go back to India and apply for F1 in June.
2)If F1 is approved, resign from my employer and come back to US in July(1 month before the school starts).
3)If F1 is rejected, come back to US on L1 in July as if nothing has happened.

Do you guys see any issues with the above approach ?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 09 Mar 2010, 14:28
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Thought I'd share my strategy/research:

I currently work in the USA and I would have used 4years and 4months of my H1B visa (as of the end of March).

I'm leaving my company on April 1st to save time on my H1B. Taking the CFA in June, watching tons of soccer in June and traveling. I will be applying for my F1 visa from Singapore.

I just wanted to alert people (since I did not know this myself): You have to leave the country the day you leave your firm, unless you apply for CoS. Contrary to popular belief, there is NO grace period. The 10-day grace period everyone talks about is only for those who have used up all 6yrs of the H1B.

This matters if you are thinking of applying for a green card in the future, because you don't want to be out-of-status/illegal even for a single day that you're in this country.
Re: H1-F1 conversion / general student visa questions   [#permalink] 09 Mar 2010, 14:28
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