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  • H1b transfer to F1

    Hello,

    I am currently working on a H1b visa (2nd 3year term). I have my approval notice with me, but I haven't yet got my h1b stamping. I have now decided to go back to school this fall and will be going back to F1 visa this June.

    Here is my question:

    Do I need a H1b stamp on my passport before I can apply for a F1 Stamp? or Can I just take the H1b approval notice with me and apply for F1 Stamp directly with my i20?

    Thanks for your help.

  • #2
    If you are leaving the US and applying for F1 Visa, your previous status does not matter at all. Just apply for the Visa like anybody else. Visa is not related to status anyway. So having H1 Visa is not necessary.
    This is my opinion and not legal advice.

    Comment


    • #3
      H1B to F1 Transfer

      Hello,

      I am looking to change my status from H1B to F1 as well. I do understand that status and visa are 2 different things and as long as I do not leave the country, I will not need a new visa.
      However I am now in my second, 3 yr term of the H1B and my employer has filed for my green card as well which is in process. My current H1B expires in March 2014 and my employer will definitely extend it. I plan to join school for my MBA in Fall 2013(Aug-Sept 2013)

      Now, that I have talked about the relevant background to my situation, my question is about my authorization to work after I graduate. Since I have used up almost 6 yrs of my H1B, will I be eligible to work after I graduate from school?
      Will I get an OPT?

      Kindly respond.

      Thanks in advance!

      Comment


      • #4
        Hi Harsha,
        I am in the same boat as you are . I am joining a school this year in fall and i have used up my current H1. As per my understanding, we will get an OPT after we pass out. But after that as soon the future employer picks up the H1 B .. the system will tell them how much time is left on your H1 . Once thats used up, then you will have to travel outside US for one year and then apply a fresh H1 , but under the Master Cap program.

        please let me know if thats what you understood and you joined. Please do let me know what happened?

        Originally posted by justharsha View Post
        Hello,

        I am looking to change my status from H1B to F1 as well. I do understand that status and visa are 2 different things and as long as I do not leave the country, I will not need a new visa.
        However I am now in my second, 3 yr term of the H1B and my employer has filed for my green card as well which is in process. My current H1B expires in March 2014 and my employer will definitely extend it. I plan to join school for my MBA in Fall 2013(Aug-Sept 2013)

        Now, that I have talked about the relevant background to my situation, my question is about my authorization to work after I graduate. Since I have used up almost 6 yrs of my H1B, will I be eligible to work after I graduate from school?
        Will I get an OPT?

        Kindly respond.

        Thanks in advance!

        Comment


        • #5
          change of status - status during processing

          Hi,

          I have applied for a change of status from H1B to F1 on 14 Jul 2014. I arrived in USA on 8th Feb 2014 and will be joining school on 1st sept 2014. I dont see any gaps in my application that should lead to a rejection but I understand that the entire process can take about 2-3 months.

          1) I plan to quit my organization by 26 Aug. I don't believe that the COS would be approved by then. The H1B will obviously be no longer valid. Will I be out of status from that time until my COS is approved? The school has allowed me to enroll in classes as long as i have initiated the transfer process.
          2) Is there some temporary documentation that can keep you 'in status' legally during that time?
          3) Can my organization delay my exit till the change of status comes through?

          Thanks,
          Ankita

          Comment

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