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H1-F1 conversion / general student visa questions

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snowinTX
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Re: H1-F1 conversion [#permalink] New post   18 Feb 2010, 10:26
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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: https://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, 12:46
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: https://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, 13:09
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, 21:39
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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, 12:03
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, 12:49
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, 13:08
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, 14:52
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, 08:09
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, 13:30
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, 16:06
stopper5 wrote:
Thought I'd share my strategy/research:
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.


seriously???? what if you quit on friday and leave on saturday? .... I have to look into this more then...since I am pretty much on the same boat~

btw, stopper5, are you going to Haas or Kellogg? :)
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   10 Mar 2010, 07:17
theDreamChaser wrote:
seriously???? what if you quit on friday and leave on saturday? .... I have to look into this more then...since I am pretty much on the same boat~

btw, stopper5, are you going to Haas or Kellogg? :)


theDreamChaser, I honestly don't think it should be a problem, but if possible leave on Friday itself, just to play it safe and avoid any confusion.

I haven't decided yet :stupid... There are a lot of moving parts, so I'm going to hold off till the very end before making a decision. I'm leaning slightly towards Haas right now though.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   10 Mar 2010, 17:08
Hey Guys,

So what is the best strategy for H1B+I-140 holders? Shall I apply for COS or go to India for visa-stamp? I am inclined towards going to India for stamping. Are you guys aware of any past experiences?

Thanks!
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   11 Mar 2010, 20:55
Chicken15 wrote:
Hey Guys,

So what is the best strategy for H1B+I-140 holders? Shall I apply for COS or go to India for visa-stamp? I am inclined towards going to India for stamping. Are you guys aware of any past experiences?

Thanks!


Similar question - are there any clear advantages of applying for COS over going to home country for visa-stamp ? My attorney is strongly suggesting me to do COS but I am not convinced. Isn't it better to know whether you are getting F1 before the school starts rather then finding it out when you are halfway into the program ?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   13 Mar 2010, 09:57
vishwa wrote:
Chicken15 wrote:
Hey Guys,

So what is the best strategy for H1B+I-140 holders? Shall I apply for COS or go to India for visa-stamp? I am inclined towards going to India for stamping. Are you guys aware of any past experiences?

Thanks!


Similar question - are there any clear advantages of applying for COS over going to home country for visa-stamp ? My attorney is strongly suggesting me to do COS but I am not convinced. Isn't it better to know whether you are getting F1 before the school starts rather then finding it out when you are halfway into the program ?


It really depends.If you don't plan on going outside USA,you can do CoS.Once you are in school,chances of F1 rejection are less.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   13 Mar 2010, 22:03
Hey guys,

I am in my 3rd yr of H1-B with an approved I140 (my H1-B expires in september, and I m not planning on asking my firm for an extension). I have used my entire OPT from my Masters.

This is my plan. I will visit India during May/June on my H1 and come back and resign. I will file for COS and will not travel outside the US (and yes, give up some international opportunity). When I graduate, the company hiring me can use simply transfer the remaining 3 yrs of my H1-B. My family can visit me for the next couple of yrs. This way, I can avoid all immigration related hassles. Also, since GC is for future employment, my company doesnt have to cancel the process. When i do get my GC, i can consider taking a 3-6 month sabbatical from work and join my old company and get my GC.

-
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   14 Mar 2010, 06:16
levfin2003 wrote:
Ari123 wrote:
Is it difficult for me to get F1 after my employer has filed a I 140 for me. If anyone has tried to change from H1 to F1 please post your experience. I have heard that it is very likely that my F1 would be denied since I have shown an intent to immigrate. Please answer.


This is one of the most cruel laws of the U.S. immigration. It will be very tough for you to get an F-1, to go to school full-time. One option would be to take a leave of absence or an offer letter for future employment (depends on the stage of your application).

I'm the same boat as you are. This is the main reason, I'm applying to non-U.S. schools or part-time U.S. school. Booth was the only school in the U.S. where I applied full-time, but after its heartless rejection that hope is gone as well.

Class 2012. Consider yourself lucky you didn't apply for a green card.


im assuming this thread is talking about prospective students currently working in the US on H1 status? i worked in the US for some time but have since given up my H1-GC status (my company was applying) for about two years now upon quitting and moving internationally. i just assumed everything would reset. does anybody know these type of immigration details for my situation? hope everything works out for everyone!
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   14 Mar 2010, 06:46
mschumy wrote:
Hey guys,

I am in my 3rd yr of H1-B with an approved I140 (my H1-B expires in september, and I m not planning on asking my firm for an extension). I have used my entire OPT from my Masters.

This is my plan. I will visit India during May/June on my H1 and come back and resign. I will file for COS and will not travel outside the US (and yes, give up some international opportunity). When I graduate, the company hiring me can use simply transfer the remaining 3 yrs of my H1-B. My family can visit me for the next couple of yrs. This way, I can avoid all immigration related hassles. Also, since GC is for future employment, my company doesnt have to cancel the process. When i do get my GC, i can consider taking a 3-6 month sabbatical from work and join my old company and get my GC.

-


If you read the earlier posts in this thread,there have been concerns about applying for F1/CoS after starting the GC process.You can check with a attorney on this.GC is applied for a particular position.So if you are in marketing now and switching to consulting after graduation,it won't work in most cases.Once you leave the firm,why would the company continue your GC process? And finally being an Indian,why would you get a GC in 6 months?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   14 Mar 2010, 06:49
quantjock wrote:
im assuming this thread is talking about prospective students currently working in the US on H1 status? i worked in the US for some time but have since given up my H1-GC status (my company was applying) for about two years now upon quitting and moving internationally. i just assumed everything would reset. does anybody know these type of immigration details for my situation? hope everything works out for everyone!


I suppose you are asking about the H1 period.You can use the unused amount on your old H1.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post   14 Mar 2010, 08:45
msunny,

so are you planning to file for COS once you come back from India? Also, your plan makes sense, but I'm not sure about the GC. As per my lawyer, I have to withdraw my I-140 before applying for F1 to increase the chances of getting F1. Are you planning to not withdraw I-140 and apply for COS? Did you talk to a lawyer?


mschumy wrote:
Hey guys,

I am in my 3rd yr of H1-B with an approved I140 (my H1-B expires in september, and I m not planning on asking my firm for an extension). I have used my entire OPT from my Masters.

This is my plan. I will visit India during May/June on my H1 and come back and resign. I will file for COS and will not travel outside the US (and yes, give up some international opportunity). When I graduate, the company hiring me can use simply transfer the remaining 3 yrs of my H1-B. My family can visit me for the next couple of yrs. This way, I can avoid all immigration related hassles. Also, since GC is for future employment, my company doesnt have to cancel the process. When i do get my GC, i can consider taking a 3-6 month sabbatical from work and join my old company and get my GC.

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Re: H1-F1 conversion / general student visa questions [#permalink]
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