H1-F1 conversion / general student visa questions

I believe it can be dicey, and depends on how well you can convince a Visa officer that your plans have changed. I got my labor and did not file for I-140 after getting admission.
I am also in the 6th year of my H-1, and can reclaim 7-8 months of H-1 from the past 6 years. I'm hoping firms will hire me with those 7-8 months and immediately file labor.
Else, to hell with US immigration..will find a job in India or Europe.
Guys, one thing i've realized is that there's no point fretting over situations like this. I think we're all doing the MBA for a much bigger reason than getting a job in the US only.

Good luck to all..
wg

Can anybody please confirm three things if possible based on personal accounts?

I am currently on H1B and still on it's first year.

How long does it take to get decision on COS from H1B to F1?
Can I resign after I get F1 status or do I have to resign before that?
Will my new employer after graduation be able to use my current H1b?

Really would appreciate any help!

1) It's a complex question! Here are some good quotes:

Dartmouth (https://www.dartmouth.edu/~ovis/updates/f1/optfaqs.html):
"Q: Am I eligible for more OPT if I progress to another degree program?
A: Yes. If you begin a new degree program at a higher level (i.e. Bachelor to Masters or Masters to Ph.D.) program, you will become eligible for an addition block of 12-months of OPT as outlined above. You are, however, only eligible for one period of 17 month OPT-extension."

From USCIS website (https://www.uscis.gov/portal/site/uscis/ ... f3d6a1RCRD)

"Note that to be eligible for an OPT extension the student must currently be in an approved post-completion OPT period based on a designated STEM degree. Thus, for example, a student with an undergraduate degree in a designated STEM field, but currently in OPT based on a subsequent MBA degree, would not be eligible for an OPT extension."

From a law firm blog (https://www.avvo.com/legal-answers/f1-to ... 28491.html):
"Normally, you can get 12 months of OPT at the end of each LEVEL of education - meaning you could get a year of OPT at the end of a U.S. Bachelor's degree and then again at the end of a U.S. Master's degree. However, you would not get a second year at the end of another course of study at the same level - another Master's program. You may be able to get back the seven months of this OPT that weren't used at the end of the second Master's, if you can convince USCIS that it wasn't used.

As long as you don't spend a year or more abroad between now and switching back to H-1B, you have 3.5 year left on H-1B once you switch back at the end of the second Master's, PLUS any time spend abroad during the last 2.5 years or those 3.5 years that can be recaptured, PLUS - if you start a green card case and have something on file before the beginning of the sixth year of H-1B time - additional time until processing of the immigrant visa petition and any required prerequisites (such as a PERM case) is complete and an immigrant visa is available for you such that an Adjustment of Status case can be filed."

What I gather from that is:
- If you already used some OPT for previous master's degree (such is my case with a one-year Masters of Engineering), you are not eligible for new 12 months after the MBA.
- Since MBA degree is not part of STEM (Science, Technology, Engineering, or Mathematics) fields, we are not eligible for extensions, even with a previous STEM degree
- However, you can use remaining H1-B time. The catch here is that to transfer your H1-B, the new job needs to be very similar to the one that issued it to you. I want an MBA to change my career... ha ha ha.
- On a somewhat separate note, I previously did research into studying full-time with a pending I-485 and I-140 approved. What I found out was that as long as my company agrees to continue sponsoring me and gives me an offer letter to come back after completion of my studies on hand, it is possible to go to school and finish getting the green card there. Maybe.

Final advice: MARRY AN AMERICAN.

Thought I'd share my strategy/research:

I currently work in the USA and I would have used 4years and 4months of my H1B visa (as of the end of March).

I'm leaving my company on April 1st to save time on my H1B. Taking the CFA in June, watching tons of soccer in June and traveling. I will be applying for my F1 visa from Singapore.

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.

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.

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.

Bumping an old thread..might be of interest to admitted internationals currrently working in the US..

You will not lose any time left on your H1B. When you change from H1B->F1 any remaining time on your H1B visa gets 'frozen' and can be used once you change back from F1->H1B.

Can someone please post their experience and end result of going through this CoS process from H-1B to F1 within the US and getting their F-1 visa stamped at a consulate in India?

I have been admitted to a top 20 B-school and classes start this August 2014. I have an approved I-140 and a year left on my H-1B from the 6 year period. If I apply for CoS now, it will take about 2.5 months to hear USCIS's decision and if I quit my job and begin school in the mean time, I risk losing status if my CoS gets denied. I'm curious to hear how did the process go for those who have been through this. In a dilemma right now. Should I give up hope of pursuing full-time MBA and apply for part time MBA or risk it, apply for a CoS, quit my job and attend school?

Eagerly looking forward to suggestions/comments!

1. About a month, if you get an RFE should be another week or two.

2. I resigned before getting the F-1, if you are in the process of applying F-1, your H1-B status is still valid.

3. Yes.

Hey nkan13!

Glad that you asked this question before applying... It might save you some $$$
So here is my story -
after applying to 7 B-schools and converting 3 (Cornell, Oxford, ESADE), I decided to join Cornell. However, the biggest question was Change of status.
I had 1year and 3 months of H1 left at that moment, with no I-140 (it was in process). So, I decided to do some research, including GMAT club which you can see above, before accepting offer. Unfortunately, I found that the land of opportunities have some vague visa laws.
After talking to the current students, ex-students, Visa department of Cornell, researching USCIS, and spending $$$ on attorney, I found that it will be a 'huge' risk if I change the status and join Cornell full-time.

In a nutshell, if you have more than 2 yrs of H1B left or if you have at least a year old approved I-140, you can apply, but there is a high chance that your F-1 visa will be rejected if you already have an I-140 'intent to immigrate'.

So, after counting my chickens, I decided not to pursue full time MBA (I din't accept Oxford and ESADE for obvious reasons - less opportunities).

So, I applied to a couple of Executive MBA programs, and I'm glad that I got accepted to Duke and Ross. I'm a current student at Duke, and I think this was a wise decision as we are getting the same support as full-time students, with same course, same trainings, same clubs, and same experience. Also, since I have less than 10 years exp, I'm eligible for on campus recruiting
On top of it, I still have my job, an I-140, a 3 year H1B and comparatively less loan on head when I will graduate.

Hope this helps. If you want to talk to me, let me know and I will give you my personal number via IM.

1. You won't get a fresh OPT as the new degree is in same level as your old one (Master's). But if you have some months left in the old OPT, you can utilize that
2. Yes, if you go to India after resigning from here, you will save time on H1. This really is important if you're close to 4years on H1. As new employers would prefer ~2 yrs of H1 time in order to process GC (post MBA).
3. I don't have first hand info of course, but I think this is not a big issue. The only problem with CoS is that you will miss out on overseas treks/trips as you will have to stamp F1 to come back. So it's best to get it done before MBA, so there is no hassle while we are in school.

I have 9 months unused time on OPT.But I'm short on the H1 side.I used 4.5 yrs so far on my H1.

If I resign and go back now,I might not get a girl.

I guess you know your answer then
One suggestion might be to do CoS and go stamp F1 from canada or something during preterm.

Does this apply to L1 too? (the number of years)

So this has nothing to do with the flu?

:rimshot:

for unused OPT, I heard the different thing. Since you have already started your H1B, you do not really need such option for your practical training, meaning you can not apply OPT any longer.