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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 06-23-2009, 05:39 PM
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Default H1 to F1 conversion

Hi All,

I am on a H1-b visa and I intend to convert to F1 visa.

My university start date is Aug 24 and I have not applied for the transfer yet.
My current project (H1-b) ends on June 30 and I am planning to apply for transfer in the first week of July.

My question is, will I be out of status until my conversion gets approved ?
Could you please tell me about the status problems I could face in case my conversion gets approved and also in the case my conversion gets denied ?
Also, how long does it usually take for the conversion ?

Thanks you very much. Hel
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  #2 (permalink)  
Old 06-23-2009, 06:07 PM
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unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice
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Originally Posted by helcrase View Post
Hi All,

I am on a H1-b visa and I intend to convert to F1 visa.

My university start date is Aug 24 and I have not applied for the transfer yet.
My current project (H1-b) ends on June 30 and I am planning to apply for transfer in the first week of July.

My question is, will I be out of status until my conversion gets approved ?
Could you please tell me about the status problems I could face in case my conversion gets approved and also in the case my conversion gets denied ?
Also, how long does it usually take for the conversion ?

Thanks you very much. Hel

If you have not filed 140/485 better to apply for F1 from home country consulate.
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  #3 (permalink)  
Old 06-23-2009, 06:20 PM
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Default

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Originally Posted by unseenguy View Post
If you have not filed 140/485 better to apply for F1 from home country consulate.
Thank you for the reply.
Could you please tell what is 140/485...i tried to google it but its a little vague.
I was on F1 until Oct, 2008 and H1-b since then.
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Old 06-23-2009, 07:01 PM
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unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice
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Originally Posted by helcrase View Post
Thank you for the reply.
Could you please tell what is 140/485...i tried to google it but its a little vague.
I was on F1 until Oct, 2008 and H1-b since then.
Ok, those are permanent residency steps, from your reply its obvious you have not filed them. Applying F1 in home country gives you flexibility to travel outside USA at will. Change of status can be frowned on by consulates later. Since you will be stuck for 2-3 years in studies, its best to use stamp from home country.
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  #5 (permalink)  
Old 06-23-2009, 07:42 PM
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Originally Posted by unseenguy View Post
Ok, those are permanent residency steps, from your reply its obvious you have not filed them. Applying F1 in home country gives you flexibility to travel outside USA at will. Change of status can be frowned on by consulates later. Since you will be stuck for 2-3 years in studies, its best to use stamp from home country.

I thought of applying for a change of status now and get the F1 visa stamping when i visit home country in December, 2009.
In this scenario my problem is, since my job ends on june 30 and I apply for transfer in the first week of July. I am worried about my status during the time the transfer application is pending and I am unemployed. Would you know if it will be a problem ?

Thank you for your time. Hel
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  #6 (permalink)  
Old 06-24-2009, 01:33 AM
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unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice
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Originally Posted by helcrase View Post
I thought of applying for a change of status now and get the F1 visa stamping when i visit home country in December, 2009.
In this scenario my problem is, since my job ends on june 30 and I apply for transfer in the first week of July. I am worried about my status during the time the transfer application is pending and I am unemployed. Would you know if it will be a problem ?

Thank you for your time. Hel
If your vacation is flexible, I want to prepone.
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  #7 (permalink)  
Old 06-24-2009, 02:44 AM
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If your vacation is flexible, I want to prepone.
Pardon me. I am not clear of what you said. Could you please explain. Thank you, Hel.
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  #8 (permalink)  
Old 06-24-2009, 03:31 AM
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unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice
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Originally Posted by helcrase View Post
Pardon me. I am not clear of what you said. Could you please explain. Thank you, Hel.
Take your vacation now instead of december. You save yourself a lot of hassles.
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