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  #1 (permalink)  
Old 05-05-2009, 07:09 AM
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hsrandhawa2007 is on a distinguished road
Default H1B to F1 Transfer

I was on F1 visa till oct 2008 and i am on H1b Visa right now . I have F1 stamped on my passport till 27 dec 2011, but i didn't go for H1b stamping . I am enrolled in school for MS sicnce i came to US and till now, even while i was on H1b.

I want to transfer from H1b to F1 now , i talked with my school people they gave me I 20 for Fall 2009 and said you can go to mexico and enter with that I20 and your Visa status will get updated to F1 as i have F1 stamped on my passport till dec 2011.

I am really confused anybody has idea, what should i do in this situation. I am still enrolled and i will be enrolled as i have not complted my MS yet.
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  #2 (permalink)  
Old 05-05-2009, 11:26 AM
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athanga is a jewel in the rough athanga is a jewel in the rough athanga is a jewel in the rough
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I was almost in the same situation as you, came to US in 1998 on F1 had a visa till 2002.

But graduated in 1999 December and took a H1B, In 2001 September lost my job, took a temp H1B job in November for a month.

Decided to go back to school and joined full time for another masters in a different school 2002 Jan. I never went for a H1B stamping and still had the F1 stamping on my passport.

Got I 20 from the new school and went for stamping in Mexico, all I was asked was whether I had completed the courses necessary for previous F1 and was given a new F1 stamping.

I also had paystubs (if not fight it out with your employer) from both the jobs, and had funding in my I20 and also many funding related proofs and the usual.

Let me know if I can answer any other questions
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Last edited by athanga; 05-05-2009 at 11:35 AM.
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  #3 (permalink)  
Old 05-05-2009, 12:53 PM
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In your case you were graudated but i was never graduated and i was always and right too enrolled in school, does tat make any difference.

wat if i just have financial on 1 20 and as i dont have other financial proofs..
i dont have pay stubs too..



and wats gonna happen to H1B visa.because my employer is not revoking it according to them its gonna go into pending status and wen i will find jobb they will pwtition it and i wll be on h1b again.

Last edited by hsrandhawa2007; 05-05-2009 at 12:56 PM. Reason: i wanted to ask few more things
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  #4 (permalink)  
Old 05-05-2009, 01:15 PM
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athanga is a jewel in the rough athanga is a jewel in the rough athanga is a jewel in the rough
Default

I dont think you can have 2 visa statuses at the same time, you were either on F1 or H1B. From what I am hearing, it looks like you were on F1 for a while and then on H1B.

Maintaining the school enrollment does not matter for your status change, once an employer applies for H1B and its approved you are on H1B, so you might have not completed your F1 requirements and just converted to H1b.

In that case, you might have to come up with a good explanation on why you didn't finish your F1 commitments and probably say that you want to commit to it now.

I personally don't think your shifting between F1 and H1B is going to help a lot, change to F1 finish your commitments and then ask your employer to switch it back.

Again, please talk to an attorney.
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Last edited by athanga; 12-13-2010 at 06:50 PM.
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  #5 (permalink)  
Old 05-05-2009, 02:08 PM
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Thanks for reply.

Do you have contact number or deatils of any good attorney who can give me advise and doesnt cost alot ...



Thanks
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  #6 (permalink)  
Old 05-05-2009, 02:25 PM
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athanga is a jewel in the rough athanga is a jewel in the rough athanga is a jewel in the rough
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http://www.shahlaw.com/ I worked with this attorney long time ago for some advise.

I beleive Muthy law does this too.

And there are some attorneys who reply back in this forum for free, check around this forum as well.

Not to sound negative, but make sure you are planned to handle the situation if the counslate in Mexico wants to do a personal check on your status, which might delay your entry back into US.
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Signed up for Monthly $50 from Dec 2010

Last edited by athanga; 12-13-2010 at 06:50 PM.
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  #7 (permalink)  
Old 05-05-2009, 02:27 PM
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morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
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That is correct. You should be able to re-enter using F1 visa to switch to F1.
Talk with an attorney if you have failed to maintain H1 status from Oct 2008.
Quote:
Originally Posted by hsrandhawa2007 View Post
I want to transfer from H1b to F1 now , i talked with my school people they gave me I 20 for Fall 2009 and said you can go to mexico and enter with that I20 and your Visa status will get updated to F1 as i have F1 stamped on my passport till dec 2011.
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