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H1 B to F1 visa - options


maybeanoop

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I am on a valid H1 and currently working in US (for past 3 years). I have been accepted in US business school and need to change the visa status to F1 before I join the school. I want to know about the possibilities and difficulties in doing the following -

 

(1) Can I request H1 to F1 change in US, then travel to india on a personal visit, come back to US on H1. Get the F1 and join the school.

(2) Would this be more easier - I leave US, go to india and file for F1. Get the F1 petition with stamping done in india, travel back on F1. How long it would take to transfer H1 to F1 in india (delhi consulate)

(3) Stay put on H1, go back to india on vacation and come back on H1. File for F1 in US and once approved, join the school. How long it would take to transfer H1 to F1 in US (minneapolis, minnesota resident currently). Would this be more easier than (2) option?

 

 

Any other way, I can transfer H1 to F1, get an india vacation (one month long) in between and keep working till Jun/Jul just before actually joining the school (Aug).

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First question: Why do you want to change H1 to F1!!!! Most people struggle to change F1 to H1!

 

Next, to enter the USA you must have a valid visa in your passport. You cannot travel and return while your change of status is pending (ok, you can, but you have to get some documents and it is a pain). So #1 is out.

 

What is your confidence to get the F1 in India? If you are confident, #2 is the best choice. This will cost you the least money, and you will get an actual F1 visa in your passport.

 

#3 is the second best choice, unless you are unsure about getting the F1 in your country. If you are unsure, do #3. If you do #3 I suggest you hire a lawyer, though it is not 100% necessary. Also, you will not be able to leave the USA and re-enter because when you change visa STATUS in the USA you do not get a new visa in your passport (only overseas USA embassy can issue visa), so while you are here on the F1 you will have to stay!

 

Tino

 

PS: See the website below with visa help link

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  • 2 years later...
hey even i m in same situation...I want to convert my H1 to F1...How should i do it ...Will i have any problem in doing that @ my home country?..I m planning to go to India and change it....anyone has ever done it ??..I have heard that consulate can reject ur F1 and also cancel H1 that u currently hold ...Is that really true ???plz help me guys :(
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  • 1 year later...
First question: Why do you want to change H1 to F1!!!! Most people struggle to change F1 to H1!

 

Next, to enter the USA you must have a valid visa in your passport. You cannot travel and return while your change of status is pending (ok, you can, but you have to get some documents and it is a pain). So #1 is out.

 

What is your confidence to get the F1 in India? If you are confident, #2 is the best choice. This will cost you the least money, and you will get an actual F1 visa in your passport.

 

#3 is the second best choice, unless you are unsure about getting the F1 in your country. If you are unsure, do #3. If you do #3 I suggest you hire a lawyer, though it is not 100% necessary. Also, you will not be able to leave the USA and re-enter because when you change visa STATUS in the USA you do not get a new visa in your passport (only overseas USA embassy can issue visa), so while you are here on the F1 you will have to stay!

 

Tino

 

PS: See the website below with visa help link

 

 

“Why do you want to change H1 to F1!!!! Most people struggle to change F1 to H1!”

Can you study at a school with an H1B visa?

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  • 1 year later...
I am currently on H-1B Visa since Oct 2010 and want to change to F-1 for my masters starting 23rd August. I need to travel back to my home country in India in July. Please tell me my options. Can I give a week's notice at my job and goto India to get my F-1 Visa? When I leave my job, how much time do I have to go back to India? Is there a time constraint or do I need to leave immediately? Please advise.
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  • 2 weeks later...
I don't know if I'm missing anything. But aren't H1 visas good enough for education (provided you hold on to your day job). Also, I think people with H1 qualify for in-state tuition (again, I'm not so sure). But I would consult with the B-School/Grad School authorities regarding the situation. Please don't rush and reach a situation from you cannot back out of, also I'm just shooting in the dark here, so really get in touch with qualified personnel who can give you advise regarding such matters. Also, all the best! Cheers :D
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I don't know if I'm missing anything here, but aren't H1 visas good enough for education (provided you hold on to your day job). Also, I think people with H1 qualify for in-state tuition (again, I'm not so sure). But I would consult with the B-School/Grad School authorities regarding the situation. Please don't rush and reach a situation from you cannot back out of, also I'm just shooting in the dark here, so really get in touch with qualified personnel who can give you advise regarding such matters. Also, all the best! Cheers :D
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  • 3 months later...
I am on a valid H1 and currently working in US (for past 3 years). I have been accepted in US business school and need to change the visa status to F1 before I join the school. I want to know about the possibilities and difficulties in doing the following -

 

(1) Can I request H1 to F1 change in US, then travel to india on a personal visit, come back to US on H1. Get the F1 and join the school.

(2) Would this be more easier - I leave US, go to india and file for F1. Get the F1 petition with stamping done in india, travel back on F1. How long it would take to transfer H1 to F1 in india (delhi consulate)

(3) Stay put on H1, go back to india on vacation and come back on H1. File for F1 in US and once approved, join the school. How long it would take to transfer H1 to F1 in US (minneapolis, minnesota resident currently). Would this be more easier than (2) option?

 

 

Any other way, I can transfer H1 to F1, get an india vacation (one month long) in between and keep working till Jun/Jul just before actually joining the school (Aug).

Here is my story… I have tried to change my status from a B1-B2 tourist visa to an F1 student visa when I came to the US. It took a very long 5 months and it is not over yet. Read and learn!

  • I entered the country on an B1 visa on the 5th Dec 2010
  • I applied for San Antonio Community College on 19th of March and finally submitted my I-539 and I-20 forms on 29th Apr 2011. The school submitted them for me, after I paid all the fees.
  • The International Student Office told me that I would get the visa in 6 weeks, in time for Summer School. Went back a couple of weeks later to submit more documents and was told by Rosa Pobles at the International Student Office that the visa will take 2 and a half months to process, which coincided with the message from USCIS.
  • Rosa went on maternity leave, I also tried calling Christine repeatedly but then discovered she resigned…
  • I waited and called USCIS the whole summer. In July, I found out that my papers were sent to a processing centre in Vermont that was currently processing papers received on the 12th of March… I could not obtain any information on the speed at which they process these papers. I applied for an expedited processing by phone quoting financial distress. Strangely, the response to my request was sent in 5 working days- it was a NO!
  • I received a Request for more Information from USCIS on the 10th of Aug,.. the school semester was supposed to start on the 22nd of Aug- almost lost hope…

I called a lawyer I initially consulted- Ms. Ruth McChestney and Faye Kolly at DeMott and McChestney in San Antonio. They charged me 500 USD promising me that “they will send the papers immediately (it was a Fri) and there is a small chance the USCIS will reply in few days, in time for the school semester. I was already registered for classes, after many trips to the school and a special request. They did not file the documents until a week later, on the 22nd of Aug when the semester started. I would not have paid if I would have known there is no chance to get the papers by the 22nd of Aug, felt cheated.

  • It turned out that the San Antonio Community College- SACC did not submit my financial records- none! I had provided bank statements and a sponsorship letter stating I have the funds to sustain the tuition fees and the living expenses for the duration of the course
  • I got the approval of my F1 status on the 22nd of Sep!! that was almost 5 months. The document was stating that I should begin school on the 17th of Oct, which would mean I have to take courses I do not need for my major, as all the courses I need are not offered in Flex 2. I am planning to talk to the lawyer and find a way to start my courses in spring… I hope it works.

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