As a H1B holder and someone hoping to get into full-time MBA program and hence F1 visa, I wanted to know others view on the following topic. 1. To my knowledge, any Masters program in US will entitle the F1 holder for one year of OPT (Practical training period) irrespective of the number of Master's. So what this means to many individuals like me who did their MS in US is that they need to have a job the day they graduate with their MBA. In that case, full-time program becomes a risky option (also considering the dearth of H1's last year). Am I missing something or is this how it is?

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H1B - F1: How do you play this game?

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dosa_don

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02 Apr 2008, 14:05

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KK- if you do not have a f1 stamped, I guess you will not be able to travel abroad during school. Or, you will need to get it stamped when you leave the country.

While there is definitely some risk, I am contemplating getting it stamped as 1- I do want to travel abroad 2- I dont know of/heard of a single student who get his visa declined- delayed, yes but not declined. Again, this is all speculation.

kk.iyer

Well the two articles I've posted have mention of the fact the going to get and F1 stamped especially after staying the US for a while, in your case for a decade, is indeed risky.

I suggest you get in touch with your school's international office and ask them if you can join with the COS in pending approval status. I know Duke does this...so long as the petition has been filed, one should be fine. But then thse rules change with each school...

"...The bottom line is that you must continue working up to 30 days before the Fuqua program start date, and if an H-1B, you can begin classes on time *even* if the approval notice has not come. This does *not* apply to F-2 dependents - they cannot start until the approval is in hand..."

arjun666

I was of the opinion that COS inside the country takes a very long time...The USCIS website current processing times show a backlog of 5 months. For schools starting in August (I am in at Krannert), this would be mean filing the petition around March (to get it approved in time for orientation)....I still havent gotten my I20 yet, so I have to get out of the country and go for the consular interview in India.. We cant start school unless the petition is approved (not pending).

Coming back to the risk of being rejected in the consular interview, I would like to get more insight on this: Since I have been in the US for the past 10 yrs (3F1+6.5H1 and OPT and 1L2), will it affect my chances of getting another F1? I have never shown any intent to immigrate during my stay here. Any thoughts/inputs would be appreciated......

arjun666

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02 Apr 2008, 14:09

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wow!!!Thanks for this update!!Maybe then I will apply for a COS inside the country...Just have to get a written confirmation from my school that a pending petition is sufficient to enroll in classes..Thanks again

dosa_don

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02 Apr 2008, 14:11

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And also- Arjun- if you are on a h1- and have some "time" left on it, you will *NOT* be part of the quota once you come out of the MBA. This was discussed at length on the b-week chat (I think it is the second link that kk posted)

arjun666

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02 Apr 2008, 14:17

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I also read that part now....I am not so sure abt that since 2 of my immigration lawyers (one from a very famous law firm) told me the opposite.....

kk.iyer

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02 Apr 2008, 14:22

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I thought of that as well.....and would love to keep the international travel option open. A few students I've spoken to said one could make a quick trip to India/wherever during winter/spring break and then get it done.
The fact that you're already well into the program will only help build your case.

That option seems reasonable to me, given that there is almost no international travel till summer in most cases.

Then there is the last option of tryin to get it stamped in say, Mexico or Canada. The risk there is, if things go awry in Mexico/Canada, you are left with no option but to fly directly from there to India to try again.

dosa_don

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02 Apr 2008, 14:25

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One more thing, which makes my F1 visa an OPEN AND SHUT case: I have to leave the US after my MBA. I cannot work in the US under any circumstances (my OPT and H1 are used up). I will be getting an official letter from my immigration attorney to this effect and maybe use it as my trump card during the visa interview. I will be applying to MNCs after my MBA and asking them for postings abroad for a year and then try to come back in on a fresh H1.

Dosa, If we do want to leave the US after the COS during the MBA, I think we might entail the same risk of getting the stamping rejected at the consulate..Just my thoughts...I guess there are risks involved in both routes

ujjib

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02 Apr 2008, 14:50

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I would recommend that everyone go 'home' and get their visa stamped. COS seems fine, but remember as bschoolers, you are gonna travel internationally quite a bit. The first time you leave the country, you will need the stamping anyway...Most RandomWalks and KWests are international....Do Ross guys have any immediate travel needs?

If you are going to a well known school, the risk of visa denial is going to be very very low..

arjun666

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02 Apr 2008, 15:10

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I was leaning towards going back to India...But the demons in one's mind always make him look at the low % risk of rejection rather than the high% of approval. COS seems to be a "safe" way out, but as I was ruminating for the past hr, when we travel during our MBA and goto the US consulate for stamping, we still have to prove to the Visa officer two things during the interview: Your intent to return to the home country after graduation and established domicile /address in your home country. The COS doesnt take into account these factors. So, I guess COS is the right way to go if there is going to be no travel involved during the MBA,

kk.iyer

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02 Apr 2008, 15:31

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I don't see a need to travel outside the US during the MBA except for the following reasons..

1) International Exchange - I think most people oughta know if they will be participating in one before school starts
2) Leisure Travel - This is a good to have experience at a decent price. I'll be fine taking a trip to a place like Alaska/Hawaii if at all. It will be an awesome trip either way.
3) Internships/Projects - This is one place where the stamped VISA will definitely be handy and the only pressing reason for one to go back, other than wanting to spend quality time back home before school. I doubt that there are too many internships which make it mandatory for people to travel abroad. Most would be within the US and if you play your cards right you should be fine.

PS: At this point I am contemplating on getting through the 2 yr slot without getting the VISA "stamped"
However as I said, things might change once I am in school and I might end up going to India in the winter/spring break.

My 2 cents...

ujjib

...remember as bschoolers, you are gonna travel internationally quite a bit....
If you are going to a well known school, the risk of visa denial is going to be very very low..

dosa_don

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02 Apr 2008, 15:48

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Well I think in most schools there is some pre-MBA trip- M-Trek, KWEST, Random Walks etc. So you might need it for that. At most schools again, there is some project/course that you might be interested in- at Ross it is the MAP- an opportunity to consult for a global firm. At Duke, if you want to go on a GATE trip you will need a stamp.

I dont think you are lowering your risk per se by getting it stamped post-MBA but again it could be a better option. I might do the same but will most probably go to Mexico to get mine stamped.

kk.iyer

ujjib

...remember as bschoolers, you are gonna travel internationally quite a bit....
If you are going to a well known school, the risk of visa denial is going to be very very low..

dosa_don

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02 Apr 2008, 15:50

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While I agree with the intent to return to your home country, I dont think you need to have a domicile established. Otherwise, how will you explain people getting their H1 extended beyond their first three years? They do go back to India to renew their H1.

arjun666

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02 Apr 2008, 15:53

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Dosa, You might want to check if third country visa stamping is allowed for F1 visas. I remember reading somewhere that for certain visas third country stamping is not allowed....Just a word of caution...

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02 Apr 2008, 15:57

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dosa_don

arjun666

The domicile criteria is another way of showing the visa officer that you have an established residence in India which you will be returning to. Basically, if you have any property in your name in India, that establishes your domicile. Usually for most students, it will be their parent's house (since their parents will be their sponsor). Jsut to strengthen our case that you are not a potential immigrant
H1 is a dual intent visa, so you can show intent to immigrate and still get it stamped.

dosa_don

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02 Apr 2008, 16:07

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Oh ok- I remember reading somewhere that you can but I guess not.

arjun666

dosa_don

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02 Apr 2008, 16:22

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I think we should be able to get our visa stamped if we are in status at M or C:

https://travel.state.gov/visa/temp/without/without_1260.html#TCN

yellowjacket

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03 Apr 2008, 06:34

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Anyone have any information about what happens in the situation mentioned below?

I am on an H1-B and will be out of the country for 2 weeks in June/July. I was planning on using my vacation time and coming back to work second week July. I assume, I can't get a H1B stamped and then come back to work for another month before quitting for b-school. And, I also probably can't apply for a COS before I leave the country, right?

So, are my only options:

1. Apply for COS after I get back from vacation? July 10th or so?
2. Leave the country again after I quit work in August to get the H1B stamped in India?

Which one of these 2 option do you think are better?

The worst part and the reason why I haven't gone to a lawyer yet and that I am currently waitlisted and don't even know if I will be going to school in 2008.

Additionally, do any of you know what the procedure is for renewing H1B. Mine is expiring this November and I haven't spoken to my emplyer about it since I am not sure if I am going to school or not. Anyone who has gotten their visa renewed after 3 years, could you let me know how long it takes etc.

dosa_don

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03 Apr 2008, 06:59

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I think I am in the same situation. Yes- basically you go on your vacation, come back, apply for COS and you can get your F1 stamped (if need to or if you want to) in India OR Mexico/Canada. I sent an email to David Ware (the guy who hosted the chat on visas on bweek) and asked him about this and he said we can go to M/C.

I plan to quit in early July and then travel to India- get my F1 stamped and then get back.

yellowjacket

arjun666

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03 Apr 2008, 11:46

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I think you should get to know the university rules beforehand. My university (Purdue) doesnt allow students on any pending petition status students to enroll in classes, so I have to goto India for my stamping. Pls check with your Uni. abt this. If they allow pending petition cases to enroll, then COS is the best option for you. If not, you have to go back to India again to get your F1 stamped.

Also,when will you know of your decision? Coz if you know it a few weeks before your originally planned trip to india, you can quit your job (you will lose a few weeks of pay), go to India and get your F1 stamped and join school directly instead of making 2 trips to India.

Also,since June, July and August are the busy months for F1 visas, you might want to check the interview waittimes at your US consulate, and schedule/plan accordingly.

dosa_don

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03 Apr 2008, 12:07

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Good points for sure. Based on the link that KK psoted, Duke does allow you to enroll. I believe it to be the same for a lot of schools with a few exceptions. Yes, I did think about getting my COS and then going to India. But I dont want to go to India to get it stamped- I believe the odds of you having some issues in India are lower than M/C (atleast thats what my company attorney told me when I was going for my H1 stamping).

arjun666

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03 Apr 2008, 12:16

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yellowjacket

Anyone have any information about what happens in the situation mentioned below?

Additionally, do any of you know what the procedure is for renewing H1B. Mine is expiring this November and I haven't spoken to my emplyer about it since I am not sure if I am going to school or not. Anyone who has gotten their visa renewed after 3 years, could you let me know how long it takes etc.

When I renewed my H1, I filed for the extension a month before expiry and it got approved in 2 days after the notice date!!!!!No kidding!!!
Also, please check interview waittimes for H1 stamping. I got burned badly a few years back when i was careless and assumed that I would get the interview dates when I wanted, waited till the last minute and found out that there was a 4 month waittime