H1-F1 conversion / general student visa questions

On a side note: If an F1 visa expires during the course of the OPT, do you guys know if the revalidation process is painful? Or is it just better to stay in the country/try to switch to H1B? (OPT is 12 months + 17 months extension for STEM fields).

on the same note..If you are on an H1B can you do an internship with your current employer in a different department? (e.g. currently working in tech. dept with company X but planning to do an internship with X in their marketing dept.)
Is your H1B tied to just the employer or your job duties as well?

You will need to file an amendment to your H1. If you fail to amend and USCIS happens to audit your company, they'll be out of compliance. If the job is completely different you may have to file a whole new H1. How can you be on H1 and go to school full time anyway? Your employer needs to maintain the conditions of the H1 no matter what, including the number of hours worked and the prevailing wage. If you're going to school full time you may struggle to also put in 40 hour work weeks. Just FYI...

Again -- I'm definitely not a lawyer, check with someone who knows better.

Sorry I should have mentioned part time MBA on H1B and internship with your current employer in a different department.

I guess that is probably the only practical way to go if you have spent 5+ years on an H1B and planning to switch careers with a part-time MBA.

Ok in that case you should be okay as long as you file that amendment. Make sure you check with your company lawyers though before spending $$$ and time on applications.

[quote="govindmika"]Hey guys,

I am in the exact similar situation as govindmika, My 6th year H1b expires in October 2011 + prior masters and there is no way to get a H1b extension and work for my US employer without applying for Labor and getting the I140 filed. I am applying to B school Class of 2014, which means R1 is right around the corner. Assuming I successfully go to school and graduate with a job offer, What are my options?
1) Start on the left over OPT from my first masters?
2) Can the remainder of the H1b, leftover from the 7th year from my job prior to the MBA be used for employment?
3) Has anybody looked in to working in Canada, if I file for my PR now, I should have it by the time I graduate, big schools such as Ross, Columbia, NYU have a strong alumni abroad and they should be able to get me a placement abroad. Can some of attending B school students chip in on this? The plan is work in Canada for a year before entering the US again for a fresh stamping
4) Can the approved I140 and priority date be used by new employer post MBA to file for GC?

Its amply clear by the discussion in the last few pages that it would be unwise to go to India for a fresh F1 stamping and the COS within the US would be the way to go. This would mean that not being to go on international trips, which is totally fine with me.

PS: I did consult lawyers nobody is able to definitely tell me one way or the other, I guess this would be a grey area. I need to sort this out before I put my time and investment in to a US school

1) Start on the left over OPT from my first masters?
Yes, you can use the left over time from your OPT from your previous degree

thanks

2) Can the remainder of the H1b, leftover from the 7th year from my job prior to the MBA be used for employment?
7th year ?? Has your employer already filed for a H1-B extension ?
I dont have it yet, I am still running on my 6th year which expires in Oct 2011, but after that any extension on my H1B would mean the 7th year correct? And So can this 7th year be used post MBA?

3) Has anybody looked in to working in Canada, if I file for my PR now, I should have it by the time I graduate, big schools such as Ross, Columbia, NYU have a strong alumni abroad and they should be able to get me a placement abroad. Can some of attending B school students chip in on this? The plan is work in Canada for a year before entering the US again for a fresh stamping
I am not aware of the Canadian PR rules,but don't you require to be physically present in Canada for at least 3 years to be eligible for a PR.I am not sure about this though

4) Can the approved I140 and priority date be used by new employer post MBA to file for GC?
Yes provided that your old employer does not use that approved I140 petition for someone else in the meantime
There was something called pre approved labor back in the day but I am still unaware of how the I140 petition which is filed for a particular candidate for a particular position(line of work) be used to file for a different position..Can some you who have gone through this process throw some light on this? thanks!

Yes, you can can use the remaining time of your H1b extension from the 7th year.



You will have to file for the whole GC process again from scratch but your old I140 PD still remains valid provided your old employer hasn't used your approved I140 petition for someone else as I said above.

I think the post MBA H1B stuff can still be worked out but the biggest gray area is successfully filing for a COS from H1-B --> F1 when your I140 is approved.
No immigration attorney yet has been able to give me a definitive answer to this.

I still haven't seen any evidence of a H1b to F1 getting rejected if the applicant did a COS staying in the US. However, just to be safe may be I should spread my applications out, may be apply to schools in Europe and Canada, so if a COS is denied I can still go to school abroad.

So in a hypothetical scenario, when my I140 gets approved and I am given a 3 year extension, does revoking the I140 by my current employer when I leave for the MBA have any impact on the fresh 3 years of time that I will get post my 6th year?
For instance, I leave my employer for b school in July 2012, at that time I am running on the fresh set of 3 years post I 140 approval past my 6th year. Can i graduate and use the 3 year h1b to get hired by US employer after the MBA? Does this have to do with revoking or not revoking the I140?

Hi,

I completed my MS in Jun 2009 from a US univ. and applied for OPT which started from August 15 2009. I worked in US for sometime and then returned to India in June 2010. Leaving 2 months in my OPT and also the extension of 17 months unused. Now I am planning to go back for an MBA which will end in June 2013. Will I be able to apply for the 12 months OPT after my MBA?

I know that we can't apply for another OPT on same degree level...but I read somewhere that if one has left US for more the 6 months and returning back, they are eligible for a second opt.

Please shed some light on this.

Thanks,
Abhi

Extension of what by 17 unused months? Please be more specific when you type. its definitely not OPT as they are issued for one year. I know a guy in a similar situation who was issued a second OPT, however, I do not know for how long he stayed out of the country. At the same time his classmate who stayed in the US after his MS and joined a MBA program had his OPT denied.

Hi, sorry for being a little vague..by "17 unused months" I meant the extension period that's provided to students from STEM background which can take the total duration of OPT to 29 months and I did not apply for that extension. I understand that traditional OPT period is 12 months only..so I believe I will only get 2 months as unused in my OPT. I do hope that I get a second OPT of 12 months since I have been out of US for more than 18 months now. Is there a place where these rules are explained in a more specific way..since this is crucial question for anyone who is pursuing an MBA after having done an MS from US (having or not left US after MS).

Thanks,
Abhi

Hello,

I know that this thread is about H1 to F1 conversion but I have a slightly different question and would appreciate any information/facts/opinion that anybody has.

Here is my case:

1. Completed Master's in the US (on F1 visa ofcourse) and then used up the 12 month OPT after that (could not extend OPT since my employer was not e-verified at that time). Returned to India after 12 month OPT expired. Subsequently, F1 visa got expired.

2. Now applying for MBA starting in Fall 2012.

Questions:

1. Can I renew my F1 visa on the basis of a new I-20 from a business school? Or will it be a new application for F1 altogether?

2. Since I used up my 12 month OPT for Master's, I will not be eligible for another OPT. Therefore, I will need to apply for H1B if I wish to work after graduation in US. This means that I will have to apply for H1B around April 2014 and the H1B will become effective Oct 2014. However, if I take up a job in US, I will most likely be required to start work in July 2014. In such a case, what will be my status from July to Oct 2014. Is the H1 cap-gap rule applicable to me?

3. Given that I wont have the buffer (provided by OPT) when I apply for H1 in Apr 2014, there is a possibility that I may have to leave the country if the H1 is rejected (or not selected I should say). My question is, how likely is such a scenario? Is there an option through which I can preempt such a situation? And finally, in your opinion, is such a risk worth taking?

4. Seperately, how difficult/easy is it to get the F2 visa? Can my wife travel with me to the US when I start business school? Or will she be required to come a few days later?

I will really appreciate your help in this matter!

Regards!!

It will be a new F1 visa



This a unique situation.An immigration lawyer should be able to help you out with this.



Again, you should consult a lawyer for this.As far as the risk is concerned, depends on what you have at stake..I mean in terms of job in India etc if at all you have to come back in the worst case scenario



F2 visa should not be a big issue.Your wife can travel with you at the same time.

Thanks Zynga for your reply and the information!

There have been some questions on what to do if one is currently on an H1-B visa, filed an I-140 as part of the Green Card process application, and now wants to change to an F1 in order to get an MBA. The good news is, it is possible to change over to an F1 visa even if you have filled an I-140.

My situation before the MBA was the following:
1. On H1B
2. I-140 approved
3. Admit from top b-school

I worked with a lawyer who recommended pursuing a Change of Status in order to change from H1-B to F1. I followed a similar process to file the Change of Status as the one outlined in the following blog-post:

https://columbiambaclassof2012.blogspot. ... -woes.html

The main difference was that in my case, the Change of Status took 6 months to process.

I hope this help others who have been admitted to great MBA programs but are concerned that they might not be able to attend due to applying for a Green Card.