Change of status from H1B (with approved I-140) to F1

Question

Hi All - by way of intro, I'm based out of NYC and currently working on an H1B visa and have my 1-140 application approved. I have been admitted into one of the M7 schools for my MBA next fall and for that will be looking to change my status from H1B to F1.

While I have started to do my research on the process (including speaking to a few lawyers), I have been getting mixed responses.  In particular, I'm trying to understand whether I can join the program next fall:
1) Till I maintain my H1B status 30 days prior to the program start date and have a receipt for COS case submission or
2) the only way for me to join is to have my F1 visa approved before the start date - in which case I would need to go for visa stamping vs COS

The school and a few lawyers have informed me that I can take path 1; however, a few lawyers have indicated that I need to take path 2.

Looking to get some guidance from anyone who has been through this process.  Assuming a decent number of H1B's decide to go to business school, path 2 seems fairly tedious especially when lawyers suggest to avoid visa stamping if someone has an approved 1-140.

Please let me know your thoughts - I would appreciate any help.

Best,
SG

AndrewN · Answer

Hello, SG, and welcome to GMAT Club. Congratulations on receiving an admit to one of the M7s. Although I have not faced the issue you have outlined, I am sure that the school encounters many similar cases on a yearly basis. If the school and some lawyers on the side have advised you to pursue path 1, then that is likely a safe bet. (I have a hard time believing that the school would give poor counsel in such a scenario or would not have seen a successful applicant go through the same process in the past.)

Good luck.

- Andrew

Good luck.

- Andrew

adas247247 · Answer

So what did you end up doing? Shouldn't COS be an option if you start the process 8-9 months ahead of the i-20 start date? I might be in the same boat next year so I am looking for answers too.

Shlgpt90210 · Answer

Hi - actually after speaking to multiple lawyers, I have gotten the same answer that USCIS needs to approve your COS before you start classes. So for now, I'm speaking to a few more folks and thinking of going outside US to get an F1 stamp. Please let me know if you hear something at your end.

giordp · Answer

Hi SG,

My girlfriend is in a similar situation. And thinking to go out of the country and switch h1b to f1. Though we have been reading that that is very risky and have a high probability of getting denied. Did you figure out what your path forward is?

Posted from my mobile device

Shlgpt90210 · Answer

Sorry for the delayed response on this - putting my research below in case it helps anyone.

I spoke to a few lawyers on this and got a consistent response. Essentially, there are two ways to go about this:

1) change of status within the country - the issue with this approach is that it is taking a long time for the COS to be approved and you can’t start your program before COS is approved unless you maintain your H1B visa till COS is approved (I.e. keep working till your case is approved)

2) travel outside to get a stamp - this is tricky as there is a chance that your f1 is rejected as the I-140 is approved; however, most of the lawyers said that since for Indians the GC approval is 10-12 years out, if you have a good school, the visa counselor shouldn’t have an issue with approving the F1

I’m personally planning to do option 2 as my program starts in September.

Has anyone else spoken to any lawyers on this or have heard any advice from other students?

Posted from my mobile device

adas247247 · Answer

Shlgpt90210 , if you do go ahead with option 2, are you planning on quitting your job in the US before going back to India to get the Visa stamp? Or do you plan on keeping your job > getting the F1 stamp > coming back to US on H1b > quitting your job in the US> leaving US for a few days and coming back on F1> and then starting your full-time MBA on F1?

Shlgpt90210 · Answer

adas247247  given there is a bit of risk of my F1 potentially getting rejected due to existing 1-140, I don't plan to quit my job. As of now, I'm planning to go to India in July for my F1 appointment - if it gets approved, I will come back on F1 in August, but in case it doesn't, I'll come back on my H1B.

Kj2310 · Answer

Hi SG,

Congrats on getting into M7. We would really like to know how your H1 to F1 experience was. This information will be really helpful for people like us who are in the same boat and help plan ahead. I hope you sail through this swiftly. 
Looking forward to your experience from H1 to F1 thanks.

Best

KJ

Posted from my mobile device

bb · Answer

Look at the last post. It looks like the OP is planning to go to India in July. I suggest reading through the thread

(not sure if that plan is still in power or if they perhaps will go to Canada or Mexico instead). I went to Canada and got my H1B stamped after graduation and moving from OPT to H1B. it was fairly quick and fairly easy at the embassy in Toronto. My guess it would be more challenging in Mexico but watch for the consulate closures....

kk2184 · Answer

I am in the same boat. I have 2 masters from US Universities, one of them fully funded. I am on h1b currently, and received PhD offer with full funding and presidential fellowship. I now have to convert h1b to f1, and my i140 is approved.

Any advise??

Any advise??

Shlgpt90210 · Answer

Hi - apologies for the delay in my response.

I actually still haven't gone for my F1 stamping - my situation is a little more complex. Given my current H1B stamp has expired, Im going to renew that in June and will go for my F1 stamping in July (probably in Canada, Mexico or a near by country) - just taking precautions in case F1 is not approved.

Based on my conversation with the lawyers, this whole H1B (with I-140 approved) to F1 conversion through counselor processing falls in a grey area - so I'm just keeping an open mind, if it happens great otherwise will continue to work at my current job.

Please let me know if anyone already went through this experience recently - will be super helpful / informative for all of us.

Best,
SG

Shlgpt90210 · Answer

Hi All - just wanted to share a quick update that I was able to get my F1 visa yesterday (with an approved I-140).

IMO, It was a fairly smooth process versus how the lawyers had made it out to be. The counselor did point out that I had a pending immigration petition but was super understanding, partly because A) there is a still a decent amount of time for my priority date to be current and B) I'm going to a top 5 school. Beyond that it was pretty much a regular visa interview.

Happy to answer anything specific in case there are any questions!

aas90 · Answer

Did the Visa officer ask any question after pointing out the I-140?

Shlgpt90210 · Answer

Not really.

We just had a simple back and forth conversation about it and he mentioned that they understand the fact that there is no other option for h1b holders with I-140 other than to apply for F1, and it shouldn’t be an issue as these are two separate processes.

Honestly, the visa officer I got was pretty chill so it was seamless but I’m sure it can get complicated depending on the visa officer - that’s why having a lawyer helps!

Posted from my mobile device

mba94 · Answer

Hi Shlgpt90210,

Thanks for sharing your experience. I am in a similar situation and I spoke to lawyers and they told me that I can apply for a change of status and then start studying on receipt leaving my job. Is this info not right?

staticmemalloc · Answer

Hi Shlgpt90210,

Thanks for responding to these questions - did you get your F1 stamp in India or Canada? Which v.o.?

Jagat83 · Answer

Hi Shlgpt90210,

I am in a similar situation, Could you please share the attorney details.

Thanks,

Change of status from H1B (with approved I-140) to F1

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