Here is my situation
I hold a valid H1B stamped visa
Petition validity: Nov 2013 to Jul 2016.(currently In my home country, not traveled to US)
Now I' interested in applying for my Masters Degree. So what is the procedure to change the visa status to F-1. And also I would like to know if I can use the H1B after my Masters Completion(1.5Years) as it will be below 6Years(H1B Valid Period).
1. While applying for F-1 Visa are there any challenges.
2. Do I need to get stamp again?
3. How much time will it take to process for H1b to F1(if there is any procedure exists)
4. Please suggest me the most feasible way to proceed on this.
The H-1B visa you have "stamped" in your passport is useless and invalid for all practical purposes, for the simple reason that since 2013 when it was issued you never actually "activated" it, as you were supposed to, by coming to the USA and beginning to work for the H-1B "employer", which was the sole reason for the visa to be issued to you. Since that time I bet you the "employer", not wanting to retain any liability or obligation towards a "no show" employee (or one it decided it didn't need after all) has long since 'withdrawn" its H-1B petition with both USCIS and DOL, with USCIS subsequently cancelling your visa number and restoring your H-1B visa to the "pool" of unused and still available H-1B visas.
1 "No challenges" on the never used H-1B front. Your F-1 should be issued if"
a. You can show "substantial ties" to your native Hindustan, and:
b. Can prove financial ability to pay tuition and living expenses for the duration of your Master degree studies, as well as:
c. Convince the consul of your intent to return to India upon the conclusion of your studies.
2. Yes, a "fresh" new F-1 visa "stamp" which you will apply for on Form DS-160. Follow the instructions on the US consulate's website.
3. No such procedure of "visa/category transfer" ever existed, at least in US immigration law..
4. Seek genuine professional help to obtain optimum results fast, efficiently and above all, stress free - hire an attorney.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 22 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
1. No challenges because of the H-1B, but it is a bit of process to get F-1 just because of the school requirements being added onto immigration paperwork.
2. You will need an F-1 visa. If you aren't entering with H-1B, it is irrelevant.
3. You will apply through your consulate. It you have already been accepted by a school and started the SEVIS process, you are well on your way. A visa won't be issued more than 120 days ahead of your start date.
4. Talk to an attorney about the H-1B implications and your options for after your Masters.
Here is some information...
Many challenges, this is why it is a very good idea to engage an immigration attorney to handle the change of status request.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Did you enter as an H1b and use the H1b by working for the petitioner? These answers are predicated On the assumption that you are in U.S. as an H1b worker.
If there's a master's degree program that has accepted you, and you receive an I20 while you are maintaining H1B status in the U.S., you may seek to change status to student status.
If you are granted a Change of status to student and maintain student status, then you are allowed a change of status back to H1b if there is an emoloyer offering an H1b position for the remainder of your H1b time available.
You only require a visa if you leave the U.S. and want to return in a Nonimmigrant status.
Timing to change status may be a challenge if you want to begin a full time masters program as an F1 by a certain date, however, you are able to attend college part-time or take classes while maintaining H1b status so you may be able to begin sooner than an approval so long as you continue to work according to the H1b. Otherwise, leaving for the F1 visa application might be a faster way to obtain a visa and return in F1 status. There are risks of visa application being denied or delayed due to administrative processing.
These are issues to discuss with an experienced immigration attorney.
1. Yes speak with your DSO
3. Several months
4. Speak with an immigration attorney
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
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