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Need help regarding F1 to H1

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  • Need help regarding F1 to H1

    I was in f1 and had to come to india for personal reasons.In the mean time i applied for h1 after i came to india and got it approved. I still have my valid f1 visa. The doubt i have is can i go back to US on f1 by getting a new i20 and then use my approved h1 to change the status onnce i get back or should i go for h1 stamping here in india. All comments and suggestions will be appreciated.

  • #2
    If you have all the supporting documents to prove that you are eligible to travel in F1 (Meaning your primary purpose of travel is to study), then you can enter in F1 and apply for a COS to H1B later. COS to H1B will take 2-3 months by normal process (Until which you cannot work for the H1B employer) and 15 days by premium (Costs additional $1000). However, if your primary intention is to work, then it is advisable to get the H1B stamped and to enter U.S in H1B.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      @ shervin143

      how much does it cost for COS from f1 to h1 ?

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      • #4
        H1B filing fees

        Standard Filing Fee:
        The standard H-1B filing fee is $320 for the 1-129 petition. This fee is also payable for renewals, transfers, and amendments. Almost everyone has to pay this. There can also be additional fees at the consulate when applying from abroad.


        ACWIA (Training) Fee:
        The employer must pay a fee of $1,500 towards a training fee meant to fund the training of U.S. workers. But if the employer has less than 25 full-time employees, they must pay only one-half of the required fee which is $750 [see Section §214(c)(9) of the Immigration and Nationality Act].

        The training fee is paid one time to initially grant the H-1B petition and to extend H-1B status. But if this is the second or subsequent extension with the same employer, then the training fee is not required.

        The following are exempt from the training fee: primary or secondary educational institutions, institutions of higher education, nonprofit organizations related to or affiliated with any institutions of higher education, a nonprofit organization that engages in established curriculum-related clinical training of students registered at any institutions of higher education, nonprofit research organizations or a governmental research organizations [see Section 214(c)(9)(A) of the Immigration & Nationality Act and 8 C.F.R. §2l4.2(h)(19)(iii)-(iv).


        Fraud Fee:
        A $500 fraud prevention and detection fee is required for the initial H-1B petition or to switch employers. The fraud fee is not required for extensions with the same employer [see Section 214(c)(12) of the Immigration and Nationality Act].


        Optional H-1B Fees:
        Premium Processing adds dignity to what can otherwise be a vulgar brawl. The $1,000 fee is almost always worth every penny. Decisions are made within 15 business days. Your lawyer is provided a direct telephone number and email address for the office, and the specific officer, handling your matter (should any issue arise that needs attention). And if applicable, your family’s H4 applications will be processed along with the primary H-1B petition at no additional cost.

        Family members can apply as dependents of the primary H-1B applicant. The fee is $300. See Form I-539.


        Immigration Attorney Fees:
        It is recommended to use an immigration attorney to help prepare and file the application documents and forms. Attorney fees vary depending on the attorney you choose to use, but as a guideline you can expect to pay anywhere in the region of $1,000 - $2,000


        Source: Google
        Not a legal advice. Use of this information is strictly at your own risk.

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        • #5
          @ shervin143

          So for COS do i just need to pay 320 or 1500 + 500 as well, i guess those you pay while applying for fresh h1 right ?

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          • #6
            Paying for your own H1B is illegal.

            Originally posted by vijaisekar View Post
            @ shervin143

            So for COS do i just need to pay 320 or 1500 + 500 as well, i guess those you pay while applying for fresh h1 right ?
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              @ shervin143

              i am not going to pay...just wanted to know....

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              • #8
                If it is with the same employer (Who filed your petition), then it is just $320.

                Originally posted by vijaisekar View Post
                @ shervin143

                i am not going to pay...just wanted to know....
                Not a legal advice. Use of this information is strictly at your own risk.

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