H1 to F1

[h1bdesire]

Hello,
My H1b status is going on pretty good, no lay off issues. But I plan to do my masters as a full time student. So inorder to convert my H1 to F1 either I apply for change of status out here in the US or I go to India for stamping.

-I met one attorney regarding this and he said sometimes it takes more than 4 months to convert the visa if you do it while you are in US.Also I have read it somewhere that you can't apply for F1 visa more than 120 days in advance of the program start date.I don't know how far this is true.

-But if I go to India for this, I really don't know what would be my chances to get the visa.
Kindly throw some light on the issue so that I pick the right option.

- Also if my F1 visa stamping is not successful from the US consulate in India, will my H1b also gets cancelled or I will still be able to work for the same employer?

- If I change my status here in US and my H1 to F1 conversion doesn't come through before the program start date or if it gets denied ,what will happen to my H1 visa..will I be able to continue to work for the same employer?
Too many questions...but i would highly appreciate if somebody takes out some time to answer them.
Thank you very much.
bye.

[txh1b]

COS to F1 can take 2 months. Applying for a visa is different from applying for COS inside US.

You can choose to register for classes in spring on H1b too and continue to work till the F1 COS comes through. Once it is approved, you cannot work on H1b.

If you apply for a visa at a consular post, if the F1 is not approved, the VO may decide to keep the H1b visa active. However, note that many VOs stamp the other visas CWOP during the interview and if the outcome is denial, you may have to apply for a new H1b visa. The petition remains valid though.

[h1bdesire]

Thank you txh1b for the help [as usual]
bye

[h1bdesire]

cos from h1 to f1

Hello,
I'm on h1b visa valid till sep 2011 and I have been admitted to a masters program of my choice that starts in the first week of january 2011. I will be applying for change of status in first week of nov, so will have about two months for processing of my cos application . If the approval doesn't come through by the time classes start , can I enroll for classes while the cos is still pending?
Please guide!
Thanks!

[kabkaba]

Yes, you can. In a cover letter accompanying your COS application clearly mention in bold letters that you want to COS to be effective from the start date on your I-20 and not before, so that you can work until that date. Also, include a request for quicker decision. I have heard of people getting their COS approved too early.

[h1bdesire]

Thanks Kabkaba for the quick reply.
I however have one more question:
1. If the cos is denied for any reason later and I have already joined the classes , will then I be out of status?
I mean what will happen to my h1b considering the fact that employer is willing to take me back, do I have to leave US and apply for visa again?
Thanks a lot!

[kabkaba]

Denials usually mean return to previous status. If you have left that status and ready to resume it, that is fine. The denial letter will state if they have kept your previous status or not.

[h1bdesire]

just to let concerned people know that mine cos got approved in 5 weeks.
Thanks txh1b and kabkaba for the guidance and help!