Transferring from H1B to F1 and back on H1B with very few months left on 6th year

[mk80]

So here is my complicated situation:

I came to the US on a F1 in 2002 for my Masters in Engineering.
I graduated in 2005 but I started working in 2004 in a Engineering firm thanks to my CPT and partially used up my OPT before my h1B visa kicked in Oct 2005.
Over time I felt my career stagnate and I have decided to pursue a full time MBA. I am clearly not interested in a Part-time program (which would make life easier for me) because of its cons.
My 6th year ends in Oct 2011 and my current engineering company is in the process of filing for my labor through the PERM processing.

Pursuing a full time MBA would mean transferring from a H1B to a F1 in Aug 2011. But here are the complications/questions.

1) When I transfer to a F1 when school starts in Aug 2011, I would have transferred to a F1 status which would leave me with very few months on my H1B, that is the time I gave up from Aug-Oct 2011 (my 6th year). So when I graduate MBA school in 2 years I will not have sufficient time on my H1B to be hired by recruiters in the US. (My thinking:Why would a recruiter in the US want to hire me when my H1B expires in a few months?)My research also tells me that I am not eligible for a 2nd OPT since my first OPT was partially used up after my first masters (in Engg) and a 2nd OPT is only issued for a degree higher in qualification than a Masters such as PHD and MBA is clearly not. I am open to working in other countries and staying out of the US for a year after graduation to be eligible for a fresh H1B extension provided I find a job.

2) One of my friends was telling me that if I file for my GC and my labor and I140 gets approved at my current job before starting B school by Aug 2011 then I stand a chance for a 3 year H1B extension upon graduation with my MBA. Also can the new company which will recruit me for my management background (post-MBA) be able to use my approved I-140 and proceed with the GC, assuming my current company approves it for my engg background? So should I expedite my Labor and I140 in my current job by using premium processing?

3) I am single guy, what are the benefits of marrying someone on a h1B during my time of study from Aug 2011 to Aug 2013. Will I be able to stay in the US on a dependent visa and look for a job after graduation? I understand marrying a GC or PR holder will make my life fairly easy but what about someone on a h1B visa?

4) Also, I have heard conflicting opinions from people as well as lawyers. I have been told that you can get your F1 denied if they find out you have applied for a GC. How far is this true? What stage does your GC have to be in? Can I clear my labor as well as I140 and still be able to successfully transfer to F1?

Can someone direct me to a lawyer or provide their opinion. Thank you for taking the time to read about my complicated case. Have a nice day!

[txh1b]

So here is my complicated situation:

I came to the US on a F1 in 2002 for my Masters in Engineering.
I graduated in 2005 but I started working in 2004 in a Engineering firm thanks to my CPT and partially used up my OPT before my h1B visa kicked in Oct 2005.
Over time I felt my career stagnate and I have decided to pursue a full time MBA. I am clearly not interested in a Part-time program (which would make life easier for me) because of its cons.
My 6th year ends in Oct 2011 and my current engineering company is in the process of filing for my labor through the PERM processing.

Pursuing a full time MBA would mean transferring from a H1B to a F1 in Aug 2011. But here are the complications/questions.

1) When I transfer to a F1 when school starts in Aug 2011, I would have transferred to a F1 status which would leave me with very few months on my H1B, that is the time I gave up from Aug-Oct 2011 (my 6th year). So when I graduate MBA school in 2 years I will not have sufficient time on my H1B to be hired by recruiters in the US. (My thinking:Why would a recruiter in the US want to hire me when my H1B expires in a few months?)My research also tells me that I am not eligible for a 2nd OPT since my first OPT was partially used up after my first masters (in Engg) and a 2nd OPT is only issued for a degree higher in qualification than a Masters such as PHD and MBA is clearly not. I am open to working in other countries and staying out of the US for a year after graduation to be eligible for a fresh H1B extension provided I find a job.

2) One of my friends was telling me that if I file for my GC and my labor and I140 gets approved at my current job before starting B school by Aug 2011 then I stand a chance for a 3 year H1B extension upon graduation with my MBA. Also can the new company which will recruit me for my management background (post-MBA) be able to use my approved I-140 and proceed with the GC, assuming my current company approves it for my engg background? So should I expedite my Labor and I140 in my current job by using premium processing?

3) I am single guy, what are the benefits of marrying someone on a h1B during my time of study from Aug 2011 to Aug 2013. Will I be able to stay in the US on a dependent visa and look for a job after graduation? I understand marrying a GC or PR holder will make my life fairly easy but what about someone on a h1B visa?

4) Also, I have heard conflicting opinions from people as well as lawyers. I have been told that you can get your F1 denied if they find out you have applied for a GC. How far is this true? What stage does your GC have to be in? Can I clear my labor as well as I140 and still be able to successfully transfer to F1?

Can someone direct me to a lawyer or provide their opinion. Thank you for taking the time to read about my complicated case. Have a nice day!

1. Your analysis is correct. With very little time left on the H1b, no prospective employer might be interested in hiring you. Moreover, they will find people with 2 year OPTs in the market and they can hire them directly without the hassle of H1bs or pay SSA taxes for them. If you want to leave US after the MBA and work outside for 1 year, you may end up with H1b cap issues as you will need to file a new H1b under a new cap to get a new 6 year period depending on how the economy is at that time.
2. Yes, your current employer can have your I140 approved which will make you eligible for a 3 year H1b extension with any employer irrespective of what the original labor was filed for as long as the I140 is not revoked. The new company has to restart perm but can capture the old PD from previous employer.
3. Sure can be on H4 and look for a job, get the COS to H1b done after the job is found. No, marrying a GC or PR holder will not make your life easy as you will have to maintain your own status till you get the GC. A PR holder sponsoring the spouse for GC will take several years. Marrying someone whose PR is being processed will give you the option of filing for the 485 if they are current or close to being current giving you an EAD to work without any restrictions.
4. True. If you have an immigrant intent, F1 can get denied. You will be likely fine as long as you don't travel outside the US for a visa. A filing of I140 indicates immigrant intent. So, applying for a F1 visa indicating a filing of I140 is going to be tough. A COS may happen within the US allowing you no option to travel.

Evaluate the options and look for chat sessions on lawyer websites to get more meat to your research. Good Luck!

[mk80]

2. Yes, your current employer can have your I140 approved which will make you eligible for a 3 year H1b extension with any employer irrespective of what the original labor was filed for as long as the I140 is not revoked. The new company has to restart perm but can capture the old PD from previous employer.

Evaluate the options and look for chat sessions on lawyer websites to get more meat to your research. Good Luck!

Hi Txh1b,

thank you for your quick response on this. I took your opinion and consulted with a bunch of other folks over the weekend, almost all of them unanimously agree with what you have said.

It seems the solution above is the only route possible for me to pursue a full time MBA and still be eligible to work in the US after graduation given my circumstances.

So my follow up question to you is when do I need to get the I-140 approved to be eligible for the h1B extension. Assuming that I am starting school in Aug 2011, do I need to have the I140 approved prior to that (and hope that my current employer does not revoke it)?

[Beckham]

F1, GC & Fulltime MBA

Read you interesting case - very similar to my situation, except I would have 2 years left on my H1. May I ask something related to your thought process?

1) Why did you choose over Full time MBA then part time? You can apply for GC & do executive MBA in good school. No tension of F1 being rejected & we get GC too. Is that u can't change the field, that's why?

2) Getting F1 & not being able to travel to home country is the worst thing for us. Imagine ! Can we go to Canada & get F1 stamped? After getting approved GC I140 form, how tough it is to explain them now you really want to study & no work ! Just let me know what happened ! if you got ur F1, filed for GC or not?!

Appreciate your reply & thanks for your discussion !

Wish you the best,
Kd

[hsriniva]

Final resolution

Hi Mk80,
So how did you finally manage the situation. I am in a very similar situation and have no idea what to do...could you please share your experience transferring to F1 from H1(with I140 approved) or did you have it revoked? Did you have any problem with F1 stamping?

Hari

[g123sk]

Solution?

Hey,
Can you let us know how you solved your situation?

Can I get my H1b extension for 3 years based on approved 140 then quit job, go to school for 2 years and then reuse the H1b extension approval for left over time (3years - time_used)? Is this possible? Please let me know as I am thinking of the same.

Thanks,
Suresh.

[nikhil.00100]

Similar Situation. Best and Worst Case Scenario Evaluation Please

Hello All,

I am a Mechanical Engineer working in the US and have a valid H1B visa (1st term valid until Oct 2015). A little bit about my visa history

I came to US on F1 visa for my Masters in Mechanical Engineering in August 2008. Graduated in Jan 2011 and started working since May 2011. I used up my OPT and 11 months of the STEM Extension (17 Months is the complete term) until my first term of H1B kicked in by December 2012.

Now I have been feeling stagnated like the person posted above and looking to go for Full time MBA. I am aiming for fall 2015 intake and will probably resign from my job in June 2015 if all goes well. So I will still have approximately 4 months (June to October 2015) of my 1st H1b term left.

1. My question to you all is post MBA, will there be significant employment opportunities if I end up going for MBA from the top 15 institutes in the US.

2. What happens to post MBA OPT or CPT? Do I get any of those? How long do I have before securing employment?

3. Lastly, is all this a big risk to be taken since I have a decent job in the US itself and earning well (considering Mechanical Engineering salaries. Its noway comparable to the post MBA salaries I hear of)? or should I ditch all these plans and go for a part time MBA which is a safer option?

I know that ultimately it is my opinion and but I would consider it great if you can give me some of your valuable suggestions of what you would do if you were in this situation.

Regards
Nikhil

[visahelpMba]

H1->f1->opt->h1

Hi

I am currently on my H1B(expires on Sep 2014) and my employer files for my extension in June. I am planning to join full time MBA starting next Jan 2015.
I have two questions

1)While I still have 2+ years left on my H1B(after my extension approval) will i be eligible for OPT after my graduation or i have to be on H1 only?
2) Once I have used up my OPT do i need to file for new H1B or can use my existing by just finding an employer to transfer.


Thanks,