H1-F1 conversion / general student visa questions

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.

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?

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.

@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 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...

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.

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).

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~

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 ...

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

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 ?

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.