H1B - F1: How do you play this game?

I am not going to India during my vacation in June/July.

My original plan was to take 2 weeks around July 4th off since I have lots of vacation left over (and we are not allowed to cash it out). Come back, work for a month and then quit for another month during which time i planned on going to India and getting my f1 stamped. Now, with the waitlist hanging on my head, I have no idea what is going to happen until May 14th.

At least I'll know by May 14th if I need to extend my H1B, so that should give me enough time to take care of that.

I hate the waitlist!

Thats correct. You need to get it stamped only when you leave the country and want to re enter in H1 status

Got this checklist from the school on the transfer process..might prove handy to some...

*******
If you wish to remain in the U.S. and file a Change of Status application, you must file it with the U.S. Department of Homeland Security - Citizenship & Immigration Services (USDHS-CIS), which requires the following:

1) Complete an I-539 form. You may order or download a copy from the USCIS web site. That address is: https://www.uscis.gov/portal/site/uscis. Click on the box "Immigration Forms" and then scroll down to the I-539. You can download it from there.

2) My office will issue an I-20 to accompany the I-539. We will have to send the document first to you for your signature, and then you will have to return it with all the additional contents of your COS application. You also will have to pay the SEVIS fee (instructions accompany the I-20), so please include a copy of the SEVIS receipt as well.

3) I will need proof of financial funding for your first year of study, plus living expenses for your dependents, if applicable.

4) A letter addressed to USCIS requesting the change of status, explaining why one is needed and why you are now in the U.S. in a different status. In your case, you can say something like, you wish to cease working and take advantage of the opportunity to go back to school and earn your M.B.A., also offering an exaplanation as to how this degree will enhance your professional opportunities back in your home country. You need to include the date on which you intend to cease employment. It must NOT be more than 30 days BEFORE your I-20 start date. You also cannot cease working until AFTER your application has been received by USCIS.

5) A letter from your employer confirming your dates of employment and what will be your last day of employment. You also should include a copy of your most recent pay stub.

6) Photocopy of the biographical passport page showing your passport's expiration date and your current visa stamp (no visa stamps for Canadians).

7) Photocopy of your current I-94 Arrival/Departure card (front and back).

8) Proof of your current legal status - I-797 Approval Notice confirming H-1B status.

9) Photocopies of biographical/visa stamp passport pages, I-94 card (front and back) for any dependents who will be changing status with you.

10) If married, a copy of your marriage certificate and if not in English, a certified translation.

11) Check or money order payable to U.S. Department of Homeland Security for $300. If using a personal check, the check must have your name and an address pre-printed in the upper lefthand corner. Immigration will not accept a check with handwritten corrections to this section - they prefer seeing the old address!

12) Second set of photocopies of all documents for your file here in the International Office.
********

I have a question regarding this:

can we get F1 stamping, even when we have a valid H1B visa. I am thinking of going back home and getting my F1 stamped on my passport; come back and resign. Once I resign, I will be on F1 visa and then i can fly in and out whenever i feel like..

Once you get your F1 stamped outside the country, you lose your H1B status. Hence you are not allowed to work (even for a single day) full time. This would mean that you cannot officially resign from your old company after F1 (since it would require you to be on their payroll the day you resign).
If you plan to get our F1 stamped outside the US, you have to resign from your post the day you leave the US (this will basically ensure that you will not be out of status even for a single day).

Else, you can enquire with your school if you can enroll and start classes when a COS is pending. This way you can convert to F1 within the US. I think kk's post has covered all the documents needed to file a COS petition (saves more than 1000 bucks in attorney fees!!!!! )

uh huh. i have doubts that I have to resign from my post. I read on forums that someone can have both F1 and H1B stamped thatswwhy i wanted to clarify.

Are you saying this because you think how this should work..

I am pretty sure that you cannot have F1 and H1B status at the same time. You cannot work for more than 20 hrs/week when you are on your F1 and the employment should be within the school campus. So if you get on your F1 and start classes you have to resign your current post (unless your current post is within the school campus you intend to enroll).

noo i am not saying that i will start classes with H1B.. I will be on a valid H1B when i get to my visa consulate.. Get my F1 stamped.. come to us on H1B because i want to come 45 days earler before the class starts.. once i am in that 30 day period with my F1, resign from my company.. does that make sense?

I am pretty sure thats not allowed. Once you have your F1 stamped, you relinquish your H1 status and you can come into the US only on F1 status (30 days before the start date on your I20).
As I said before, the day you resign, you would need to be on the payroll. If you get your F1 stamped, you cannot do that. So you have to resign from your company before you leave the US.

Yes Arjun- you are correct. When you get your F1 stamped, your old H1B will have a stamp across it invalidating it.

I just spoke to UM's international center and clarified a lot of things. Basically for admits in the US, you have two options:

1. Apply for a COS- but ensure that the last date at work is within 30days of your I-20 date.
2. Quit whenever you want, but have to leave the country rightaway. You can then get it stamped and return back to the US within 30 days of your I-20 start date.

I guess I am leaning towards option 1 but at the same time, plan to go for an f1 stamp sometime during my first semester- to Mexico, or Canada (Toronto is 4 hours away!).

And I-20 date is the official start date for your MBA journey.... This is my plan..
Assuming school starts Aug 1
I will file my COS around end of May.
My last day at work will be 7th of July (within 30 days)
Petition will be pending approval when I start classes (This is OK with most schools)
Approval comes in approx 3 months from date of filing..so I can if required travel outside for a stamping at a later date.

Now if people have samples of the letters mentioned in my previous post...it'll be real helpful...
Letter from employer and Letter from you to USCIS

I havent seen my parents for almost 4 years. I think I am just gonna go and take the risk and get my passport stamped.

Do you guys know what all do I need when I go to the visa consulate there? - I did this like 8 years ago now I have no idea.

I think I am going to go on vacation from my company. With a valid H1B, I WILL go to the visa consulate in Nepal and get my F1 stamped. If they even cancel my H1B, I could care less!

I dont think that is a problem- just make sure that you enter the country within 30 days of your I20- start date. If you do that, you should be fine.

I guess you are one of the lucky ones whose school allows you to matriculate when your COS is pending. Purdue, unfortunately does not allow it. Hence I have to go back to India to get it stamped.
Actually in regards to #2, I quit my job a week back and I have filed a COS to a B2 to buy me time till I leave for India in another few weeks. So this ensures that I maintain my status (for every single day) till I leave the country (currently its taking a few months for processing COS petitions). Just another loophole in the immigration system which we can make use of!!!

do you know what all i need for the US consulate ?

money in the bank for 2 years, I-20 and??

Apart from the list of official froms and documents needed for the interview (Follow the links in this site https://educationusa.state.gov/usvisa.htm), you would need to show adequate funds for your entire period of studies and most importantly(since both of us are in the same boat-been in the US for a long time) provide evidence that you will not be a potential immigrant. I have gotten a signed letter from my immigration attorney (here in the US) stating some pretty concrete evidence based on my prior immigrant track record in the US, that I am not a potential immigrant. Also, I have gotten a letter of intent from a company in India (from the industry I would like to work in) stating that they would like to hire me for a position (one which matches my short term goals closely) after my MBA. Hope this helps

Another...piece of info regarding this....

It turns out that all I have to do is send in all documents duly signed back to the international office and they are the ones actually filing it to USCIS. It obviously means that the docs will be reviewed before hand
I dunno if this is the case for all univ's but it certainly is..for mine.

The international office files it with the USCIS...the receipt for which should reach the international office 2-3 weeks from the date of filing. Once the receipt is received...I can stop working anytime within 30 days from start date (1st August)

To play it safe...I'll send in my resignation only after the receipt is in with my last day as the 7th of July.

Hope this helped...Good Luck...all...

Mods..maybe you should add this to the vault for future applicants. Specifics will change with each school but should be the same for the most part.