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theDreamChaser
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H1-F1 conversion / general student visa questions 09 Mar 2010, 16:06
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stopper5
Thought I'd share my strategy/research:
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.
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seriously???? what if you quit on friday and leave on saturday? .... I have to look into this more then...since I am pretty much on the same boat~

btw, stopper5, are you going to Haas or Kellogg? :)
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H1-F1 conversion / general student visa questions 10 Mar 2010, 07:17
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theDreamChaser

seriously???? what if you quit on friday and leave on saturday? .... I have to look into this more then...since I am pretty much on the same boat~

btw, stopper5, are you going to Haas or Kellogg? :)
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theDreamChaser, I honestly don't think it should be a problem, but if possible leave on Friday itself, just to play it safe and avoid any confusion.

I haven't decided yet :stupid... There are a lot of moving parts, so I'm going to hold off till the very end before making a decision. I'm leaning slightly towards Haas right now though.
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H1-F1 conversion / general student visa questions 10 Mar 2010, 17:08
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Hey Guys,

So what is the best strategy for H1B+I-140 holders? Shall I apply for COS or go to India for visa-stamp? I am inclined towards going to India for stamping. Are you guys aware of any past experiences?

Thanks!
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H1-F1 conversion / general student visa questions 11 Mar 2010, 20:55
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Chicken15
Hey Guys,

So what is the best strategy for H1B+I-140 holders? Shall I apply for COS or go to India for visa-stamp? I am inclined towards going to India for stamping. Are you guys aware of any past experiences?

Thanks!
Show more

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 ?
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H1-F1 conversion / general student visa questions 13 Mar 2010, 09:57
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vishwa
Chicken15
Hey Guys,

So what is the best strategy for H1B+I-140 holders? Shall I apply for COS or go to India for visa-stamp? I am inclined towards going to India for stamping. Are you guys aware of any past experiences?

Thanks!

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 ?
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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.
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H1-F1 conversion / general student visa questions 13 Mar 2010, 22:03
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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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H1-F1 conversion / general student visa questions 14 Mar 2010, 06:16
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levfin2003
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Is it difficult for me to get F1 after my employer has filed a I 140 for me. If anyone has tried to change from H1 to F1 please post your experience. I have heard that it is very likely that my F1 would be denied since I have shown an intent to immigrate. Please answer.

This is one of the most cruel laws of the U.S. immigration. It will be very tough for you to get an F-1, to go to school full-time. One option would be to take a leave of absence or an offer letter for future employment (depends on the stage of your application).

I'm the same boat as you are. This is the main reason, I'm applying to non-U.S. schools or part-time U.S. school. Booth was the only school in the U.S. where I applied full-time, but after its heartless rejection that hope is gone as well.

Class 2012. Consider yourself lucky you didn't apply for a green card.
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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!
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H1-F1 conversion / general student visa questions 14 Mar 2010, 06:46
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mschumy
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.

-
Show more

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?
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H1-F1 conversion / general student visa questions 14 Mar 2010, 06:49
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quantjock

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!
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I suppose you are asking about the H1 period.You can use the unused amount on your old H1.
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H1-F1 conversion / general student visa questions 14 Mar 2010, 08:45
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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?


mschumy
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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H1-F1 conversion / general student visa questions 14 Mar 2010, 08:55
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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.
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H1-F1 conversion / general student visa questions 14 Mar 2010, 09:47
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praz
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.
Show more

+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 :)
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H1-F1 conversion / general student visa questions 14 Mar 2010, 11:16
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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 ?
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H1-F1 conversion / general student visa questions 14 Mar 2010, 16:54
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The H1 clock would reset in your case.


quantjock
levfin2003
Ari123
Is it difficult for me to get F1 after my employer has filed a I 140 for me. If anyone has tried to change from H1 to F1 please post your experience. I have heard that it is very likely that my F1 would be denied since I have shown an intent to immigrate. Please answer.

This is one of the most cruel laws of the U.S. immigration. It will be very tough for you to get an F-1, to go to school full-time. One option would be to take a leave of absence or an offer letter for future employment (depends on the stage of your application).

I'm the same boat as you are. This is the main reason, I'm applying to non-U.S. schools or part-time U.S. school. Booth was the only school in the U.S. where I applied full-time, but after its heartless rejection that hope is gone as well.

Class 2012. Consider yourself lucky you didn't apply for a green card.

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!
Show more
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H1-F1 conversion / general student visa questions 15 Mar 2010, 12:52
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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.

vishwa
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 ?
Show more
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H1-F1 conversion / general student visa questions 15 Mar 2010, 13:56
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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!
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H1-F1 conversion / general student visa questions 16 Mar 2010, 10:55
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praz
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.

vishwa
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 ?
Show more

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.
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H1-F1 conversion / general student visa questions 17 Mar 2010, 10:15
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vishwa
praz
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.

vishwa
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 ?

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.
Show more

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?
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H1-F1 conversion / general student visa questions 17 Mar 2010, 10:24
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mschumy


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

If you have a Masters degree,you can file under EB2.
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H1-F1 conversion / general student visa questions 17 Mar 2010, 10:27
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Class2012
mschumy


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.
Show more

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.
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