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  • H1 to F1

    I am currently on an H1B which is going to expire in September 2011
    I have never been to India for stamping after I got my H1B. Also, My student visa(which I came here on and is no longer valid) is also set to expire in september. I have not yet filed for my extension
    I am looking to change from H1 to F1 status.... Is this a good idea?
    and does this require me to go back to my home country for stamping again?

    If not that I want to file for my H1B extension for which I believe am late already...In this case in the event of me applying to USCIS and waiting for approval...would I be eligible to work after september 1 expiry date?

    Kindly suggest
    Last edited by anahita771; 07-07-2011, 01:56 AM.

  • #2
    If your I-94 associated with the H1B hasn't expired yet, then you can still file the extension. The extension will come with a new I-94. Your documents to extend the H1B should reach USCIS before your current H1B I-94 expires. It is not advisable to travel outside the country when the extension is filed. So if yu have to travel in the month of Sept, then it is advisable that you file the extension in premium and get the decision within 15 days. You can keep working upon filing the extension unless the extension gets denied later.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      If your I-94 associated with the H1B hasn't expired yet, then you can still file the extension. The extension will come with a new I-94. Your documents to extend the H1B should reach USCIS before your current H1B I-94 expires. It is not advisable to travel outside the country when the extension is filed. So if yu have to travel in the month of Sept, then it is advisable that you file the extension in premium and get the decision within 15 days. You can keep working upon filing the extension unless the extension gets denied later.
      Thanks Sherwin143 for the reply... Greatly appreciate it....

      I am a little skeptical on whether the H1 extension through my consultant will get approved... In case of a denial can I get a change of status to F1 by taking admission for a double Masters degree? Or do I have to leave the country immediately?
      or Is it a good idea to get a change of status before applying for the extension?

      I have no travel plans.


      Thanks,
      A Roy

      Comment


      • #4
        If your H1B I-94 is valid and if you are in valid H1B status, then you can file the COS to F1 successfully. Otherwise the COS won't get approved and you will have to leave the country and return back in F1 visa.

        Originally posted by anahita771 View Post
        Thanks Sherwin143 for the reply... Greatly appreciate it....

        I am a little skeptical on whether the H1 extension through my consultant will get approved... In case of a denial can I get a change of status to F1 by taking admission for a double Masters degree? Or do I have to leave the country immediately?
        or Is it a good idea to get a change of status before applying for the extension?

        I have no travel plans.


        Thanks,
        A Roy
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Originally posted by shervin143 View Post
          If your H1B I-94 is valid and if you are in valid H1B status, then you can file the COS to F1 successfully. Otherwise the COS won't get approved and you will have to leave the country and return back in F1 visa.

          Thanks Shervin for the reply....

          I tried checking with the University about the process...

          They tell me that incase I go for another Masters I need to first get an I20 from them which can happen quickly say by next week ....and after that they would be sending my documents to the uSCIS for a sevis change which can take anywhere between a month and 45 days.

          what would my status be in this case after Sep 1st when I am waiting for the COS approval (the date when my H1 expires)?
          what are the chances of getting a denial for a Change of status from H1 to F1?

          This is what i understood from the admissions officer at the Uni....I might be wrong or might have misinterpreted something...please correct if so

          Thanks a lot for all the info an help
          Last edited by anahita771; 07-27-2011, 04:12 PM.

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