H1B to F1- I want F1 Visa and not just the change of status

Hi,

I’m currently on H1B (valid till Sept 2015) and planning to do my Masters next year (2014) Fall.

So H1B status should be converted to F1 status.

I heard from people saying that, F1 Visa might be denied. Is this true ? I want to have F1 visa and not just the change of status.

Could anyone please let me know how to solve my problem. Please, please answer me. Thank you very much.

–Bharath

I know people who went from H-1 to F-1. However, there is still a risk involved as you will be moving from a dual-intent visa status (H-1) to pure non-immigrant visa status (F-1).

Still, USCIS has approved such COS in the past and yours may get approved as well. Typically F-1 stamping is more trickier than COS.

Thank you very much for your reply. Good to hear you again!!

Why is that there is a risk ? Could you please explain me ? F1 is a non-immigrant visa and I’m not showing any immigration intent.

Which is the best way to get stamping ? To apply for COS in US and visit India to get stamping ? ( I mean after completion of 1st semester when I visit India )

After completing my graduation, if a employer files me a H1B will it be a new Stamping ? Or the continuation of previous one ?

If I get a fresh H1B stamping do I need to stay back in India for a year ? Because this would be my 2nd time H1B. If this happens then I will be in a bad situation.

I know there are so many questions. Please don’t curse me :slight_smile: Thank you very much again for your time.

You held H-1 visa at one point and are now applying for F-1 visa. So that could raise the question, that you at one point of time planned to work in US and have immigration intent. Your intent may have changed now, but you should be clear how to explain the same to USCIS or consulate officer.

Yes, better option is to get COS done in US and then go for stamping when the need arises. If you have no need to leave US, then no need to go for F-1 visa stamping.

Your new H-1 can be filed as a cap-exempt using copy of previously approved petition. So no need to go through cap again. Downside is that your new H-1 will be valid for 6 years minus time already spent inside US on H-1

If you want to go cap-subject route to reset the clock, then you need to stay outside US for more than 1 year before filing the petition.

Thank you very much for your answers.

I should eventually will have to visit India for F-1 stamping since my H-1 expires on Sept 2015 (assuming 2014 Fall semester). So there would be a need right ?
Because H-1 Visa expires and status will not have any meaning.

I’m glad to know, that no need to go through cap again.

Usually how many months does it take for USCIS to approve for COS ? Do I need to wait for an approval to join the school or can I join school as soon as I submit the request ?

Visa stamp is required only for entry purpose. Once you are in US, it is perfectly fine for the visa stamp to expire. When you get F-1 status, a new I-94 (w/ same number) will be issued having new expiration date. Legally, you can stay inside US until that date and don’t need stamping unless you travel outside of US.

COS typically takes 2-3 months.

Thanks for your quick replies.
Awesome!!
Thank you very much for you patience and answering my questions.

Thanks,
Bharath

My final question…

In one of the replies you mentioned “Your new H-1 can be filed as a cap-exempt using copy of previously approved petition. So no need to go through cap again. Downside is that your new H-1 will be valid for 6 years minus time already spent inside US on H-1”
Total Time already spent on H-1 is the date I resign at work in US ? Or until COS is approved for F-1 ?

Thanks,
Bharath

It will be all the time before F-1 COS became effective. Until COS becomes effective, your status is considered as H-1.

I’m sorry. I’m little confused here. :frowning: Can I still work on H-1 status even after applying for F-1 COS ? OR do I need to quit the job and wait for COS approval to join the school ?

Until F-1 COS gets approved, your status will be H-1 and you need to maintain that. So continue working until COS becomes effective.

Oh okay… But can I start attending classes once I receive a receipt from USCIS ?

Yes. You can enroll on H-1 in first quarter/semester and F-1 thereafter (once COS gets approved).

So once I get a receipt I cannot work ? Or how is it ? Or Do I need to quit the job ?
You also mentioned I need to maintain H-1 status. Could you please explain me more ?

Thank you very much.

You are on H-1 status until COS gets approved. You have to work full-time until that time. You can study part-time in the meantime. As you will be on H-1 status, you need to get paid (which in turn will maintain your H-1 status).

Oh okay, thank you very much for your patience. You rock on!! Solved most of my doubts :slight_smile:

most of the doubts but not all :stuck_out_tongue:

Hehe. Good observation :stuck_out_tongue: Anyways. I first asked you a question. You replied back and most of the questions I asked you later on was based on your replies :wink: