H1-F1 conversion / general student visa questions

Similar question - are there any clear advantages of applying for COS over going to home country for visa-stamp ? My attorney is strongly suggesting me to do COS but I am not convinced. Isn't it better to know whether you are getting F1 before the school starts rather then finding it out when you are halfway into the program ?

It really depends.If you don't plan on going outside USA,you can do CoS.Once you are in school,chances of F1 rejection are less.

Hey guys,

I am in my 3rd yr of H1-B with an approved I140 (my H1-B expires in september, and I m not planning on asking my firm for an extension). I have used my entire OPT from my Masters.

This is my plan. I will visit India during May/June on my H1 and come back and resign. I will file for COS and will not travel outside the US (and yes, give up some international opportunity). When I graduate, the company hiring me can use simply transfer the remaining 3 yrs of my H1-B. My family can visit me for the next couple of yrs. This way, I can avoid all immigration related hassles. Also, since GC is for future employment, my company doesnt have to cancel the process. When i do get my GC, i can consider taking a 3-6 month sabbatical from work and join my old company and get my GC.

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im assuming this thread is talking about prospective students currently working in the US on H1 status? i worked in the US for some time but have since given up my H1-GC status (my company was applying) for about two years now upon quitting and moving internationally. i just assumed everything would reset. does anybody know these type of immigration details for my situation? hope everything works out for everyone!

If you read the earlier posts in this thread,there have been concerns about applying for F1/CoS after starting the GC process.You can check with a attorney on this.GC is applied for a particular position.So if you are in marketing now and switching to consulting after graduation,it won't work in most cases.Once you leave the firm,why would the company continue your GC process? And finally being an Indian,why would you get a GC in 6 months?

I suppose you are asking about the H1 period.You can use the unused amount on your old H1.

msunny,

so are you planning to file for COS once you come back from India? Also, your plan makes sense, but I'm not sure about the GC. As per my lawyer, I have to withdraw my I-140 before applying for F1 to increase the chances of getting F1. Are you planning to not withdraw I-140 and apply for COS? Did you talk to a lawyer?

This is the plan of action I received after talking to lawyers and some others who went through this mess

1. Secure I-20 from business school by arranging for funding
2. Withdraw I-140 by requesting the employer. They should send a letter to immigrations.
3. Take a copy of this letter, and create documents that support your intent to go back to your country after MBA...real estate in your name, family ties, a job offer from your country etc and apply for Change of Status from H1b to F1 while being in USA.
4. Change of status takes 2.5 months on average
5. You need not go to your country to stamp, instead you could just change to F1 status while being in USA and start MBA. You need to stamp F1 only when you leave USA (in order to return). So you can go while in school and get it stamped in order to have ability to freely travel in and out of USA during your F1.
6. You needn't apply for change of status while being in USA instead once you withdraw I-140 you can just resign and go to your country and apply for F1 from there. From what I have heard, change of status seems to be less risky than applying through consulate.

Since you withdraw I-140 this means, you lose your priority date. So if/when you apply for GC again post MBA, you will start from scratch. Everyone I talked to recommended withdrawing I-140 first before trying to apply for F1.

If you wish to discuss further, PM me.

+1
Awesome details...Thanks man! Really appreciate it.
I am not sure how willing my company will be to withdraw I-140...It's going to be a bit painful

The general consensus here seems to be to apply for COS. Is anybody still planning to go back to his home country and get a clean F1 stamping ? What are their plan of actions ?

The H1 clock would reset in your case.

I'm trying to get best of both worlds, in essence
first apply for COS, get it approved. And then go to home country before classes start and get it stamped and return. My theory is- if COS is approved, I'm hoping when I go to consulate they wouldn't be so tempted to reject my stamping, and may be interested in letting me pursue my dreams. I could be wrong.
But I definitely want to stamp F1 as early as possible, ability to travel freely is important and I wish to have that.

Hey guys,

Has anyone initiated the I-140 cancellation process?

Worst case scenario: Employer cancels I-140 and one does not get COS approval. If the same employer files I-140 again. Can one keep one's priority date?

Thanks!

Hmm. makes sense. The only reason that I am not going ahead with this approach is then the day when COS is approved, you have to stop working.

I kinda want to keep my employment option open in case my visa gets rejected. Therefore, my plan is -
Go on a paid vacation to home country and apply for F1. If F1 approved, all well and good.
If F1 is rejected, come back to US on work visa.

Are u sure u can do that? If they reject your F1, can u still keep the H1-B? and if they do give u the F1, can u indicate a later start date so that u can come back to US on ur H1-B and resign.

Also, r we classifed under EB1 after MBA?

I doubt that.They Visa officer would first cancel your existing visa.

If you have a Masters degree,you can file under EB2.

I am already under EB2, but was wondering if we could change that to EB1 post MBA and not lose out on 4.5 yrs (my PD is Feb 2008) wrt immigration. I know that if u work outside the US for a yr and come back to US for the same company, they can file u under EB1.