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30 Jul 2022, 17:06
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Hello all,
I am an international student (or technically was..) in the U.S, who is currently working on OPT and who has recently won the H-1B visa. I understand that the process of changing from H1B to F1 goes like this (please confirm):
1) Once you got the H1B petition approval, I-797A, you have two options:
-you can choose to stay in the U.S with the papers you've got for the whole period (3 years, before extension)
-you can travel outside the country, but BEFORE you go back, you need to go to the consulate/embassy to get H1B visa stamp.
2) Now you want to change to F1. So you obviously need to get accepted to a school, receive an I-20, pay SEVIS fees and... change your status (from H1B to F1). Here the situation gets complicated, and you have 2 options:
-you can file an I-539 while in the U.S, but with processing time taking even more than a year, you'll probably miss the beginning of the semester. If this happens and you've successfully changed to F1, you'll basically be out of status as you couldn't admit to your school. If this is the case, you'll leave the U.S and return on you H1B if you've found an employer/your former employer is willing to take you back. So really, this option is awful (?).
-you can do what many people ACTUALLY do, which is leaving the U.S and getting their F1 stamp in their home countries/any embassy across the world. Usually this process is faster. So you do that and enter the U.S on F1.
3) Another option, which is quite rough but probably possible: you leave the U.S on H1B. Before going back to the U.S, you get your H1B visa stamp. Now you are back in the U.S, still working for your employer. Say you would like to get your master's in the future on F1 but still want to work for your employer until the program starts, here is what you can do (?):
-you file an I-539 and get your F1 visa stamp outside the U.S.. When returning to the U.S (Now you have 2 visas, F1 and H1B), you are entering on H1B and returning to your employer.
-Now, say it's around June-July. Your program starts in about a month....You'll quit your job at end of July, leave the U.S for a couple of days/weeks, and return to the U.S on your F1 visa.
*****ALL OF THE ABOVE is only for people who either don't have I-140 (no intent to immigrate) OR I-140 pending (still not fully showing intent to immigrate, but risky).
Anyone who can share and confirm, please do so - so that people in our situations can plan ahead of time.
Thanks !
I am an international student (or technically was..) in the U.S, who is currently working on OPT and who has recently won the H-1B visa. I understand that the process of changing from H1B to F1 goes like this (please confirm):
1) Once you got the H1B petition approval, I-797A, you have two options:
-you can choose to stay in the U.S with the papers you've got for the whole period (3 years, before extension)
-you can travel outside the country, but BEFORE you go back, you need to go to the consulate/embassy to get H1B visa stamp.
2) Now you want to change to F1. So you obviously need to get accepted to a school, receive an I-20, pay SEVIS fees and... change your status (from H1B to F1). Here the situation gets complicated, and you have 2 options:
-you can file an I-539 while in the U.S, but with processing time taking even more than a year, you'll probably miss the beginning of the semester. If this happens and you've successfully changed to F1, you'll basically be out of status as you couldn't admit to your school. If this is the case, you'll leave the U.S and return on you H1B if you've found an employer/your former employer is willing to take you back. So really, this option is awful (?).
-you can do what many people ACTUALLY do, which is leaving the U.S and getting their F1 stamp in their home countries/any embassy across the world. Usually this process is faster. So you do that and enter the U.S on F1.
3) Another option, which is quite rough but probably possible: you leave the U.S on H1B. Before going back to the U.S, you get your H1B visa stamp. Now you are back in the U.S, still working for your employer. Say you would like to get your master's in the future on F1 but still want to work for your employer until the program starts, here is what you can do (?):
-you file an I-539 and get your F1 visa stamp outside the U.S.. When returning to the U.S (Now you have 2 visas, F1 and H1B), you are entering on H1B and returning to your employer.
-Now, say it's around June-July. Your program starts in about a month....You'll quit your job at end of July, leave the U.S for a couple of days/weeks, and return to the U.S on your F1 visa.
*****ALL OF THE ABOVE is only for people who either don't have I-140 (no intent to immigrate) OR I-140 pending (still not fully showing intent to immigrate, but risky).
Anyone who can share and confirm, please do so - so that people in our situations can plan ahead of time.
Thanks !
09 Mar 2023, 13:09
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Hi, I'm in a similar situation. I'm currently on H1B and will switch to being a full time student on F1 visa this fall. Will the H1B visa get cancelled as soon as I get the F1? Can I return to the US and work for my employer on H1B until the start of the program?
