H1-F1 conversion / general student visa questions

Thank a lot. Since I have 1.5 yrs on my H1, and if I join in fall 2011, I'll only have 0.5 years on my H1 on graduation.
so I suppose it makes sense not to apply for a full time MBA in the US.

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Thanks for the update. So as I understand from your previous posts, you had an approved I-140 on an H1B visa and you chose to go for a CoS-to-F1 over fresh stamping. Not sure whether you had asked your employer to cancel your GC process before applying for CoS. Because, the sole concern here in this thread is the already established immigrant intent conflicting with F1's non-immigrant intent.

Also, is there any gap between your approved start date on F1 and the date your classes are commencing (out of status risk)? Can you please post your experience in a little more detail or go through my queries/plans in my earlier post and advise. That'll help us all in similar situations. I guess the forum has at last found someone who has gone (rather, is going) through it.

[quote="nitin0505"][/quote]

I did not apply for GC.That made my job easier.You can apply for CoS and start attending classes.Need not wait for approval.

If you applied for a GC,a lawyer would be the best person to help you.

hi guys,

I just wanted to share my experience with u guys regarding the COS.

My situation before applying for COS:
1. On H1B
2. I-140 approved
3. Admit from top b-school

Here are the steps that I took:

1. I asked my company to withdraw the I-140, I am not sure whether they did that or not.
2. I applied for COS with the following docs and info:
*Completed I-539 app
*I-20 from school.
*Loan documents.
*300$ chk
*copy of SEVIS fee doc
*copy of previous I-20's
*copy of previous H1B (Notice of Approvals)
*passport copy with visa and I-94 card
* recent paystubs and bank statements
*bank statement of my account in India and also property docs of my apartment in India.
*Cover letter explaining my situation etc...

I applied in mid-june and got my COS approved last week i.e. first week of Aug.

Let me know if anyone has any questions.

congrats!
I think the cover letter is the key part, you got luck by your side
I'm probably going to stick to moving to H4. I will have to intern outside USA hence.

thanks dude!!

yeah, luck does play a big role with things like immi...

How easy is getting CoS while in USA?

Question: What is CoS ?

I am in the same situation. Approved I-140 want to switch to F1, but if I can't do internship and then it will be a problem. Ridiculous rules..cant' even study.

Hello,
I'm planning to apply for cos so just have 2 months for that, so is there any way to expedite the whole proces?
What specifically do we need to write in the cover letter?
Also can a letter from employer saying that his job position is very much intact and he has no objection to my switching h1b to F1 will be of any help?.
Can we join classes if cos is still pending considering the fact that my h1b is still valid for the next 10 months?
Since my h1b will be valid for next 10 months I'm planning to request the immigration department to have my cos effective date to be just a day before the date mentioned on I-20 so that I can work till the end and also to avoid a risk of running out of status by just resigning from the jo before hand just in case if cos gets denied and I don't know if it is good idea at all?
Please give your inputs.
Thanks!

I'm in the same boat: 4.5 years into H1, with my I-140 approved. Did anybody manage to get his/her F1? If yes, then did you revoke your GC processing? What steps did you take?

I'm really anxious regarding this. Thanks a lot for your time.

Hello,
I'm planning to apply for cos so just have 2 months for that, so is there any way to expedite the whole proces?

Nope

What specifically do we need to write in the cover letter?

Your previous status, the new immigration status you are requesting, start date of the new status
and the reason for your request.


Also can a letter from employer saying that his job position is very much intact and he has no objection to my switching h1b to F1 will be of any help?.

Not, sure how that can help.

Can we join classes if cos is still pending considering the fact that my h1b is still valid for the next 10 months?

Yep, you can join classes as long as COS is pending.

Since my h1b will be valid for next 10 months I'm planning to request the immigration department to have my cos effective date to be just a day before the date mentioned on I-20 so that I can work till the end and also to avoid a risk of running out of status by just resigning from the jo before hand just in case if cos gets denied and I don't know if it is good idea at all?

No idea how this is going to work. In case, your COS is pending and your classes start, you gotta make a choice.
You can either quit your job and start classes, if the COS is rejected in this case, you will have to leave the country since you do not have a valid status.

You can choose to stay in the job, withdraw the COS and not go to school.

Please give your inputs.

given above in blue
Thanks!

I'm in the same boat: 4.5 years into H1, with my I-140 approved. Did anybody manage to get his/her F1? If yes, then did you revoke your GC processing? What steps did you take?

I'm really anxious regarding this. Thanks a lot for your time.

Please read my previous posts. When you leave your employer, you are pretty much saying that you are not planning to pursue the GC.

Yes, I was in the same situation as you are currently in and I did get my F1 COS approval. I have given all the details of my app in this forum. Let me know if you have any questions.

Thanks gateway10. This is really helpful. I will probably ask you for more details when I'm actually applying for COS.

noob to this thread..

might be a stupid question, but I'm just gonna throw it out since I know nothing abt this H1 to F1 process.

if I get admitted for 2011, how soon can I quit my current job and go on vacation without jeopardizing my status?

Would love the answer to this question. Just got admitted to a boston-based school, currently an H1-B, and thinking of quitting job in February.

Thanks!

Hello Everyone,

I have been working in Florida on an H1B visa for almost 2 years now, but since I started working i really wanted to join an MBA program. I recenty got accepted to a University in Indiana and I'm not 100% sure, in my case, what what would be the best way to transfer my Visa from H1 to F1.

I want to continue working as close to the start of school as possible. As far as I know, if I request a change of status, it would be very difficult to determine when the government will approve my application, and once it's apporved I would no longer be allowed to work.

Based on what I have read, I think it would make more sense for me to go home (Mexico) and request my F1 Visa stamp right at the US Embassy. Unfortunately, due to job commitments, I would be unable to travel to Mexico during the summer months (June, July, August), so I was wondering if it would be possible to go to the Embassy sometime in May and get my F1 visa stamp. Then come back to Florida with my H-1B to work for the summer months and finally leave the country for a few days and re-enter with my F1 prior to my arrival at school. Is this even possible?

There are a few questions about what to do if you are currently on an H1-B visa, have filled an I-140 as part of a Green Card petition, and want to change to an F1 visa in order to attend a full-time MBA program in the USA.

In researching this topic, I found a great post from an MBA applicant who found himself in this situation and was admitted to the Columbia MBA. He laid out the process he followed in order to change from an H1-B visa to an F1 visa. I hope others find it useful:

https://columbiambaclassof2012.blogspot.com/2010/03/challenges-after-mba-admit-visa-woes.html?showComment=1299035199633#c5802862561874971274

Just recieved admit from a good school in the US.

Current Status
1. H1 4th Year
2. PERM approved
3. I-140 approved

Hoping to pursue a full time MBA.

Reading the BW forums had my heart sink, reading instances here of people in similar situation with approved CoS has given me hopes.

Hoping that others in similar situation can contribute about their experiences/plan.

Planning to join the Fall 2011 Class.

I am in the same boat this year. Any updates from anyone? I just started searching for immigration attorneys and students in same situation last year. I am inclining to file cos in the US after reading all the discussions last year but still have few questions.

Can I still work while cos is pending?

If my cos is denied before school starts, can I keep working like nothing happens?

Have you considered to ask school for deferring one year to get your GC?


Any comments are really appreciated!!

I've not been active here for long but I've got many PMs and have been able to talk to many of you in here (including lurkers) regarding what I did and how it worked out. I assume it is about time I post it here. If you wish to know more info, PM me.

I initially decided to take the H4 route and not bother with applying for F1 etc as my I-140 was approved and I didn't want to risk not getting F1.
I finally took an unpaid sabbatical from my company and started my MBA (on H1B). Around November, I figured that finding an internship outside of USA and on top of that returning to USA from the internship on an H1 (but on sabbatical and studying full time) might be even more complicated. So I mustered courage, prayed a lot and took the leap of faith. Yes, in other words I applied for an F1 CoS in Nov/Dec.
I consulted many lawyers and eventually used a lawyer in NYC who was referred by a friend. (If you need details, PM).
The lawyer helped me out and we successfully got a F1 approval CoS around Feb, 2011. I resigned from the employer once the CoS got approved.
I went to India during spring break and got my F1 stamped without any trouble.
Now, as per my lawyer if the next employer of mine post MBA applies for GC, they should be able to use my approved I-140 and request USCIS to use same priority date. But then again, no guarantee if they will use it or not. I'll find out that when the time comes.
For now, I'm happily interning in the fields of my choice in NYC.