Student Visa - Cos from H1 and non-immigrant intent

USA Study in USA
1

Hi,

This is to ask for recommendations on Student Visa for pursuing graduate studies in US and non-immigrant intent.

I'm currently working for a Software company on L1B Visa. I've stayed in the US a bit more than 4 years till now and my L1B will maxout late this year. I might convert to H1 and work for the same company - or switch companies if possible.

My Home country is India, and I currently have ~8 years of experience in software industry.

I'm planning to apply to graduate schools this year (i.e. by Dec 2014) for MS in Computer Science, for 2015 admission. Assuming I get admitted to a suitable university and can prove financial ability - my questions are:

 

1. If I continue to work on H1 in next year - and apply for the student visa from US - will that affect negatively - especially regarding non immigrant intent? I've read that it's best to apply from home country. If yes - should I go back to India, right before the visa processing?

 

2. What will be a tentative date for the start of visa application process? I understand it will be ~May - July 2015?

 

3. Will my work history in US affect negatively as for  non immigrant intent? Will working in H1 make any difference? 

Note: my work on L1 was non discretionary - i.e. it was an intra-company transfer initiated by my company and my job agreement does specify that I've to travel if needed. I've not applied for a Green Card. 

Also - I'm the only child of my parents who are in India - and I do have family obligations there. I hope that will help me in proving non -immigrant intent?

 

4. To show financial ability - is it preferable to show funds from accounts in India or US?

 

 

Thanks a lot in advance for your help.  I hope my questions were clear- if not apologies and let me know where!

 

Cheers.
2

Here are my thoughts

1. If I continue to work on H1 in next year - and apply for the student visa from US - will that affect negatively - especially regarding non immigrant intent? I've read that it's best to apply from home country. If yes - should I go back to India, right before the visa processing?

 

It should not have any affect. You are switching from dual intent to non-immigrant visa, it is even better for you. COS should be absolutely fine. 

 

 

2. What will be a tentative date for the start of visa application process? I understand it will be ~May - July 2015?

 

You are doing a COS from within USA. Once you get admission, you can talk to your DSO for the exact timelines, they will advise you. 

 

 

3. Will my work history in US affect negatively as for  non immigrant intent? Will working in H1 make any difference? 

 

Note: my work on L1 was non discretionary - i.e. it was an intra-company transfer initiated by my company and my job agreement does specify that I've to travel if needed. I've not applied for a Green Card. 

Also - I'm the only child of my parents who are in India - and I do have family obligations there. I hope that will help me in proving non -immigrant intent?

 

You should be fine, do not get too much worried. You are just doing a COS and not going for Visa stamping here. 

 

 

4. To show financial ability - is it preferable to show funds from accounts in India or US?

 

You are already in the US, it is better to show funds in USA and your account history. 

 

 

Good luck  !