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H1-F1 conversion / general student visa questions

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Re: H1-F1 conversion / general student visa questions [#permalink] New post 17 Mar 2010, 09:31
mschumy wrote:
Class2012 wrote:
mschumy wrote:

Are u sure u can do that? If they reject your F1, can u still keep the H1-B? and if they do give u the F1, can u indicate a later start date so that u can come back to US on ur H1-B and resign.

Also, r we classifed under EB1 after MBA?


I doubt that.They Visa officer would first cancel your existing visa.

If you have a Masters degree,you can file under EB2.


I am already under EB2, but was wondering if we could change that to EB1 post MBA and not lose out on 4.5 yrs (my PD is Feb 2008) wrt immigration. I know that if u work outside the US for a yr and come back to US for the same company, they can file u under EB1.


i think it depends on your position~ pretty sure MBA degree (master degree) is a EB2, but if you are in some kind of executive position, then sure, you can be EB1. also, i think you are referring to L visas in your last point, that also have specific qualifier (executive position or managerial position) for filing under EB1.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 17 Mar 2010, 10:13
Class2012 wrote:
mschumy wrote:

Are u sure u can do that? If they reject your F1, can u still keep the H1-B? and if they do give u the F1, can u indicate a later start date so that u can come back to US on ur H1-B and resign.

Also, r we classifed under EB1 after MBA?


I doubt that.They Visa officer would first cancel your existing visa.

If you have a Masters degree,you can file under EB2.



The Visa officer would cancel the existing visa if F1 is approved. If F1 is rejected, we need to keep a close eye and ensure that he doesnt cancel the existing visa. I know a bunch of people who have multiple valid visas on their passport and at the port of entry they decide on which visa they want to enter US.

If they do give me F1, I dont plan to come back to US on my work visa. I am on L1 and I can resign at my home country office.
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Re: H1-F1 conversion [#permalink] New post 18 Mar 2010, 10:09
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rao_1857 wrote:
Ari123 wrote:
Does anyone know how difficult it is to get F1 after my employer has filed an I 140 on my behalf. Has anyone tried to get an F1 in this situation. Please answer.


Thanks Ari,

thanks for bringing this up ... I am in the same situation adn have heard the same story (f1 deny). Can anybody post their experience.....


I believe it can be dicey, and depends on how well you can convince a Visa officer that your plans have changed. I got my labor and did not file for I-140 after getting admission.
I am also in the 6th year of my H-1, and can reclaim 7-8 months of H-1 from the past 6 years. I'm hoping firms will hire me with those 7-8 months and immediately file labor.
Else, to hell with US immigration..will find a job in India or Europe.
Guys, one thing i've realized is that there's no point fretting over situations like this. I think we're all doing the MBA for a much bigger reason than getting a job in the US only.

Good luck to all..
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Mar 2010, 10:31
Alright. My question is simple, and I guess the problem too is simple...
I'm doing my MS right now. Visa is valid until 2013. Starting with MBA this fall (Class of 2012).
So, I presume all I have to do is - Get the new I20. Change the annotation on Visa. Is that right? And what is the procedure to change the I20 on Visa?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 18 Mar 2010, 15:08
Hey Guys,

My immigration attorney mentioned changing I-140 to Consular Processing instead of canceling I-140. Am a bit confused, I was under the impression that canceling I-140 would be the best approach. What did you immigration attorney recommend?
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Re: H1-F1 conversion [#permalink] New post 18 Mar 2010, 17:36
wiseguyMBA wrote:
Else, to hell with US immigration..will find a job in India or Europe.
Guys, one thing i've realized is that there's no point fretting over situations like this. I think we're all doing the MBA for a much bigger reason than getting a job in the US only.


You're thinkin' what I'm thinkin' 8-)
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 26 Mar 2010, 11:02
I am hoping to get my H1B (with approved I140) to H4 conversion and go to school on H4. Anyone else in this situation? Is H1B to H4 less riskier than H1B to F1?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 29 Mar 2010, 16:17
Has anyone already withdrawn their I 140? My lawyer says that it might take USCIS several months to acknowledge the cancellation of I 140. Did anyone already start the process?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 30 Mar 2010, 05:39
Link which explains about the CoS procedure from H1 to F1.

http://www.isso.cornell.edu/immigration/f1/h1tof1.php
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Calling all US student Visa applicants from Bangalore [#permalink] New post 30 Mar 2010, 20:14
forgive me guys if I'm posting in the wrong place!!

Could any Visa applicants from Bangalore PM me? We could discuss the pretty confusing Visa process and apply for a Visa together, maybe....

Thanks
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 30 Mar 2010, 20:49
Guys,

Just wanted to run this plan by u all. I am planning on flying to India on may 27 and will schedule a visa interview to get an F1 visa (post dated). U can apply for and F1 120 days in advance, but u cannot enter the US 30 days prior to the Univ start date. So, assuming they stamp the visa, I can come back on my H1-B and resign from work (after working for a month or 2).I will still need to exit the country (maybe visit canada) and come back on the new F1.

What do u guys think? For the record, I have an approved I140. I spoke with USCIS and they said that I should speak with the VO in person and they will in all probability not have an issue with the GC process. I would need to make a compelling argument though.

(http://www.immigration-information.com/ ... #post16841)
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 04 Apr 2010, 22:33
Just bumping the thread.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 05 Apr 2010, 07:05
Hello, I have lived in the US for 10 years on F-1 and then H1-B visas. Now I am accepted to a MBA program, I need to apply for a new F-1. In my home country, it takes 2 months to process the visa because of background check and high volume of student visa applicants in the summer. This entirely screws up my travel plan for the summer (they hold my passport during that 2 months) therefore, I am thinking to go to Canada to get my F-1 visa.

Have anybody had experience like this? Notice, that this is not a F-1 visa extension, this is switching from H1-B to F-1 in canada as a third country applicant.

I don't want to take too much risk on the visa just to make my travel plans, at the same time i have been under legal status and traveled frequently back to my home country throughout my 10 years in the States. I also have solid prove of financial support to pay for school, and also reasons to return to my home country after graduation.

Please advise. I really need to decide asap!!
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 05 Apr 2010, 08:20
journey wrote:
Hello, I have lived in the US for 10 years on F-1 and then H1-B visas. Now I am accepted to a MBA program, I need to apply for a new F-1. In my home country, it takes 2 months to process the visa because of background check and high volume of student visa applicants in the summer. This entirely screws up my travel plan for the summer (they hold my passport during that 2 months) therefore, I am thinking to go to Canada to get my F-1 visa.

Have anybody had experience like this? Notice, that this is not a F-1 visa extension, this is switching from H1-B to F-1 in canada as a third country applicant.

I don't want to take too much risk on the visa just to make my travel plans, at the same time i have been under legal status and traveled frequently back to my home country throughout my 10 years in the States. I also have solid prove of financial support to pay for school, and also reasons to return to my home country after graduation.

Please advise. I really need to decide asap!!


so I am guessing you are either from India or China :P
you sure about the background check thing? MBA does not fall into the sensitive major catagory. You want to be a little careful with third country change of status, if your case is prone to background check, you can get background check anywhere, even in Canada. And then it means you get stuck there for 2 months... or so, it's possible that the visa officer will return you to your home country because they highly recommend people to apply to new type of visa in home country. If you are really concerned about this, doing a COS within the states is the safetest way I suppose.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 05 Apr 2010, 09:06
COS as Change of Status? But that means i have to remain in the states, right? if i leave the US, i have to apply for the F-1 again, because i need to be stamped? The whole point of going to canada is because i need to travel overseas (non home country, non US).

Please let me know what does COS means exactly? and what does getting a F-1 stamp mean?

On the background check, there is a chance that i can get my visa quickly in my country, but it says on their website "highly recommend apply 2 months before travel dates". In canada, it takes 4 days to process, I just called them......

So, any advise? Thanks!
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 05 Apr 2010, 09:16
please read the previous posts on this thread for COS information, and yes, if you plan to travel out of country, you will need F1 stamp to come back.
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 05 Apr 2010, 10:58
do u mean to say u are gonna keep the I-140 and go to india to try and get a F1?
all the lawyers i talked to suggested withdrawing i-140 first. no consensus on whether CoS while in usa or visiting consulate in home country is better. i might just adopt the CoS approach and then stamp the F1 once I start school.

mschumy wrote:
Guys,

Just wanted to run this plan by u all. I am planning on flying to India on may 27 and will schedule a visa interview to get an F1 visa (post dated). U can apply for and F1 120 days in advance, but u cannot enter the US 30 days prior to the Univ start date. So, assuming they stamp the visa, I can come back on my H1-B and resign from work (after working for a month or 2).I will still need to exit the country (maybe visit canada) and come back on the new F1.

What do u guys think? For the record, I have an approved I140. I spoke with USCIS and they said that I should speak with the VO in person and they will in all probability not have an issue with the GC process. I would need to make a compelling argument though.

(http://www.immigration-information.com/ ... #post16841)
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 05 Apr 2010, 16:57
Yes. The fact that you had applied for a GC establishes intent in anycase. So, the likelihood of not getting the F1 based on GC app is always there regardless of whether u withdraw ur 1-140 or not. It boils down to the VO in both cases. Please note that this is what I am planning to do and wouldnt necessarily advise others on doing the same.


praz wrote:
do u mean to say u are gonna keep the I-140 and go to india to try and get a F1?
all the lawyers i talked to suggested withdrawing i-140 first. no consensus on whether CoS while in usa or visiting consulate in home country is better. i might just adopt the CoS approach and then stamp the F1 once I start school.

mschumy wrote:
Guys,

Just wanted to run this plan by u all. I am planning on flying to India on may 27 and will schedule a visa interview to get an F1 visa (post dated). U can apply for and F1 120 days in advance, but u cannot enter the US 30 days prior to the Univ start date. So, assuming they stamp the visa, I can come back on my H1-B and resign from work (after working for a month or 2).I will still need to exit the country (maybe visit canada) and come back on the new F1.

What do u guys think? For the record, I have an approved I140. I spoke with USCIS and they said that I should speak with the VO in person and they will in all probability not have an issue with the GC process. I would need to make a compelling argument though.

(http://www.immigration-information.com/ ... #post16841)

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Re: H1-F1 conversion / general student visa questions [#permalink] New post 06 Apr 2010, 14:46
journey wrote:
COS as Change of Status? But that means i have to remain in the states, right? if i leave the US, i have to apply for the F-1 again, because i need to be stamped? The whole point of going to canada is because i need to travel overseas (non home country, non US).

Please let me know what does COS means exactly? and what does getting a F-1 stamp mean?

On the background check, there is a chance that i can get my visa quickly in my country, but it says on their website "highly recommend apply 2 months before travel dates". In canada, it takes 4 days to process, I just called them......

So, any advise? Thanks!

Do consulate people answer questions on the phone?
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Re: H1-F1 conversion / general student visa questions [#permalink] New post 08 Apr 2010, 14:30
Please post your strategy. I already withdrew my I 140. Anyone else doing the same?
Re: H1-F1 conversion / general student visa questions   [#permalink] 08 Apr 2010, 14:30
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