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# H1B - F1: How do you play this game?

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H1B - F1: How do you play this game? [#permalink]

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09 Mar 2008, 18:12
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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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Re: H1B - F1: How do you play this game? [#permalink]

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09 Mar 2008, 18:30
I believe what you said is true- you are entitled only 1 OPT for every "level" of education. So if you have used your OPT for your Ms, you will not have one for your MBA. BUT if you already are on a H1B visa, you will not be part of the quota. You will just transfer the remaining time on your H1b (6 minus whatever you have used up so far) to your post MBA job. So you will not fall into the lottery so to speak.
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Re: H1B - F1: How do you play this game? [#permalink]

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09 Mar 2008, 19:29
That takes care of the quota thing! But do we still have to get a job the day we graduate?
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Re: H1B - F1: How do you play this game? [#permalink]

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09 Mar 2008, 19:30
I guess so- though you should be able to do something about it with the help of the schools career department. They will find you something most of the time to make sure you are in status.

spideyeclipse27 wrote:
That takes care of the quota thing! But do we still have to get a job the day we graduate?
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Re: H1B - F1: How do you play this game? [#permalink]

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09 Mar 2008, 20:57
fair enough. I can sleep well tonight Thanks dosa
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Re: H1B - F1: How do you play this game? [#permalink]

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11 Mar 2008, 11:40
Pertinent topic...
Even I had a few questions on this...

How long does the Change of Status (COS) normally take?
Once the COS is approved I presume the H1 is automatically cancelled...so how long after filing for the COS should one resign?

Please review timelines below and suggest...

Final school choice made - March end
I-20 received - end of April ??
Loan secured - Second half of May
COS filed - End of may ??
Resign - ??
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 07:47
dosa_don wrote:
I believe what you said is true- you are entitled only 1 OPT for every "level" of education. So if you have used your OPT for your Ms, you will not have one for your MBA. BUT if you already are on a H1B visa, you will not be part of the quota. You will just transfer the remaining time on your H1b (6 minus whatever you have used up so far) to your post MBA job. So you will not fall into the lottery so to speak.

curious....how do the ppl. who have used up their opt plan to intern ..?
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 11:57
I think summer internship in B School would fall under CPT. So unless you have used up your CPT, you are fine. OPT comes into effect after graduation.
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 11:58
I think you may get a CPT for the course anyway, as it is perceived as critical.
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 12:17
plausible! I agree..
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 12:53
Hi,
As far as I have heard from my lawyer, If you are out of H1 staturs for one full year after your last H1B date, you will still count against the quota. So basically this means if you do your MBA (which is 2 years) on a F1 visa, and if you have to apply for a new job post MBA, you will be applying for a new H1B visa (the time remaining on your H1B will still be 6 yrs-time already used) and will be counted against the cap. I have this fact confirmed by 2 lawyers (My lawyer and my current employers immigration attorney), since I am out of H1 status from last July ( on a different visa) and I want to recapture some of the time which I spent on vacation during my 6 year H1B period and extend my working time here.

I am also in the same boat as all u guys. I have done my MS here and have used 7 months of OPT up. My question is: Can I use the remaining 5 months of my MS OPT after my MBA? I dont want to ask my lawyer this coz he is gonna charge me for his answer...So I thought I would put this question in this forum.
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 13:31
I think you can use whatever's left of your OPT. None for me!
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 13:46
Hmm - whatever use that OPT would be to you as well. I doubt it would see you through to getting a H1B again in the next ballot.

I was speaking to someone on the matter, and he was telling me of people who used up too much of their OPT, got a job in the US, and had to be relocated to another site for a length of time due to employment problems relating to the OPT / H1B. Something to be wary of, but there are people in the schools who specialize in this kind of fair and helping you make sure it works OK.
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 19:27
arjun666 wrote:
Hi,
As far as I have heard from my lawyer, If you are out of H1 staturs for one full year after your last H1B date, you will still count against the quota.

i believe you have to be out of H1 status AND be out of US territory to lose the H1.

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:
365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
365 days or more have passed since the filing of an EB immigrant petition.
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Re: H1B - F1: How do you play this game? [#permalink]

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12 Mar 2008, 20:17
As far as counting against the cap, you lose ur previous cap privileges once you have been out of H1 status for one full year irrespective of whether you are inside or outside the country. So when you have to file a new H1 petition with a new employer after one year, you will be subject to the cap number and hence will be subject to the lottery system (in the current scenario).

You are correct as far as regaining the 6 year time limit after being outside the US for a year.
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Re: H1B - F1: How do you play this game? [#permalink]

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02 Apr 2008, 13:15
Bringing this thread up. I have a bunch of questions regarding the H1 to F1 transfer.

If I want to get my F1 stamped, can I quit my job, go to India and get it stamped? Will it be a problem if I quit my job before getting it stamped?

Are most of you guys getting a COS or stamping?

You can apply for the loan after you get your VISA or COS right?
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Re: H1B - F1: How do you play this game? [#permalink]

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02 Apr 2008, 13:40
Here's what I've reasearched thus far...

Going back to India to get it stamped definitely entails a certain element of risk. Though not many are rejected, it is true that the risk exists. The COS process on the other hand is less riskier by virtue of the fact that you are already in the country. I am going the COS route, don't want to risk "anything" at this stage...

As for getting the VISA/filing the COS the documentation needs to have proof of funding for the first year.
Now this could be an affirmation from the university saying that you have a loan guarantee or your personal funds or both.
Most people look to take documentation of assets in addition to the I-20 which has the school's statement on you having a loan. This apparently is just in case...

Also go through this chat transcript from Duke on the whole visa app process...has some pertinent questions....applicable to all...
https://www.fuquaworld.duke.edu/chat/archive?name=119

This is another article which I think will give most of important information on the H1-F1-H1 scenario..

Please be mindful...I still have questions after reading all of this...but it certainly helps answer many questions.
hope this helps....

dosa_don wrote:
Bringing this thread up. I have a bunch of questions regarding the H1 to F1 transfer.

If I want to get my F1 stamped, can I quit my job, go to India and get it stamped? Will it be a problem if I quit my job before getting it stamped?

Are most of you guys getting a COS or stamping?

You can apply for the loan after you get your VISA or COS right?
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Re: H1B - F1: How do you play this game? [#permalink]

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02 Apr 2008, 13:54
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......
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Re: H1B - F1: How do you play this game? [#permalink]

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02 Apr 2008, 14:00
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 wrote:
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......

Last edited by kk.iyer on 02 Apr 2008, 14:02, edited 1 time in total.
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Re: H1B - F1: How do you play this game? [#permalink]

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02 Apr 2008, 14:01
You do not need to have the COS approved by the time you start school- you should have applied for it. So if you can apply by say, July, you should be fine.

arjun666 wrote:
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......
Re: H1B - F1: How do you play this game?   [#permalink] 02 Apr 2008, 14:01

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