F1->H1B->B2->F1 ?
Jan 21st 2004, 12:53 pm
#1
Guest
Posts: n/a
F1->H1B->B2->F1 ?
Here's my sad story. I came to the US on F1 in 99, graduated from
college, found a job on OPT, changed it to H1B in a year, even got H1B
stamp from Canada without any problems, and then after a year on
H1B... got laid off a couple of days ago. I just mailed in the
paperwork to change my status to B2, and now I am not sure what to do
next. Long before I got laid off I decided to go to grad school and I
have already mailed all the applications. I need to make sure that I
will be able to get F1 visa or status once I get an acceptance letter
& I-20.
So far, assuming I can't find another H1B job really soon and assuming
I do get accepted, I see the following scenarios:
1. I go home to Russia now and try to get F1 there. The problem is
that I think my non-immigrant intent will look very shaky after I
haven't lived there for 4.5 years. I do still have residence there,
and all my family is there, but I think it's pretty thin as far as INS
is concerned.
2. I stick around here on B2 (if the status change is approved) until
I get I-20 (March - April) and then file for change of status to F1.
What are my chances of being rejected? Won't it look too desperate to
INS - like I am trying to stay here whatever it takes? I do have a
genuine intent and desire to study and wanting to get F1 has nothing
to do with my current status problems, but how do I prove it to INS??
Plus, if I change the status in the country, I will not have a visa
and will be stuck here for good.
3. Same as previous - I wait here till I get I-20, then I hop on the
plane and go to Canada to get my visa stamp. Is it insane? Will I
definitely get rejected? Would it help to change the status to F1
first? I am thinking that if I do get rejected, I still get a second
chance to do it in Russia, but then again - what if they reject me
there too?
I would really appreciate any advice! I've put a lot of time and
thought into my grad school applications, and at this point if I can't
go because of this visa stuff, I will be pretty devastated...
Thanks!
college, found a job on OPT, changed it to H1B in a year, even got H1B
stamp from Canada without any problems, and then after a year on
H1B... got laid off a couple of days ago. I just mailed in the
paperwork to change my status to B2, and now I am not sure what to do
next. Long before I got laid off I decided to go to grad school and I
have already mailed all the applications. I need to make sure that I
will be able to get F1 visa or status once I get an acceptance letter
& I-20.
So far, assuming I can't find another H1B job really soon and assuming
I do get accepted, I see the following scenarios:
1. I go home to Russia now and try to get F1 there. The problem is
that I think my non-immigrant intent will look very shaky after I
haven't lived there for 4.5 years. I do still have residence there,
and all my family is there, but I think it's pretty thin as far as INS
is concerned.
2. I stick around here on B2 (if the status change is approved) until
I get I-20 (March - April) and then file for change of status to F1.
What are my chances of being rejected? Won't it look too desperate to
INS - like I am trying to stay here whatever it takes? I do have a
genuine intent and desire to study and wanting to get F1 has nothing
to do with my current status problems, but how do I prove it to INS??
Plus, if I change the status in the country, I will not have a visa
and will be stuck here for good.
3. Same as previous - I wait here till I get I-20, then I hop on the
plane and go to Canada to get my visa stamp. Is it insane? Will I
definitely get rejected? Would it help to change the status to F1
first? I am thinking that if I do get rejected, I still get a second
chance to do it in Russia, but then again - what if they reject me
there too?
I would really appreciate any advice! I've put a lot of time and
thought into my grad school applications, and at this point if I can't
go because of this visa stuff, I will be pretty devastated...
Thanks!
Jan 21st 2004, 10:44 pm
#2
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: F1->H1B->B2->F1 ?
Olga, go with the Option #2, and if you get rejected (changing to F1 status), then go to option #3.
Jan 22nd 2004, 12:09 am
#3
Just Joined
Joined: Aug 2003
Posts: 13
Re: F1->H1B->B2->F1 ?
Hello Olga,
I was in a similar situation a few years back. I went from an F-1 to H1-B to F-1 over a period of 8 years. I did not experience any problems when I changed back my status from H1-B to F-1. When I got the INS approval to switch from H1-B to F-1 for graduate school, I did not get a new visa stamp immediately. I studied for a year, transferred to another Phd program. Then I went back home to Singapore and got my new F-1 visa stamp. Had to show up for an interview. Was asked a few basic questions (What are you studying? why? etc....) and got my visa. The fact that I had already spent about 7+ years in the US did not seem to be an issue. Never was asked to prove any ties to my home country. It probably helped that I never applied for permanent residency in the US as a H1-B visa holder. Never really was interested. Of course this was before 9/11. Also, I guess the level of scrutiny varies by country also.
As you are probably aware, applying for a visa stamp in Canada now carries an additional risk. If you get rejected, you cannot re-enter the US on your old I-94.
Best of luck.
Eric
I was in a similar situation a few years back. I went from an F-1 to H1-B to F-1 over a period of 8 years. I did not experience any problems when I changed back my status from H1-B to F-1. When I got the INS approval to switch from H1-B to F-1 for graduate school, I did not get a new visa stamp immediately. I studied for a year, transferred to another Phd program. Then I went back home to Singapore and got my new F-1 visa stamp. Had to show up for an interview. Was asked a few basic questions (What are you studying? why? etc....) and got my visa. The fact that I had already spent about 7+ years in the US did not seem to be an issue. Never was asked to prove any ties to my home country. It probably helped that I never applied for permanent residency in the US as a H1-B visa holder. Never really was interested. Of course this was before 9/11. Also, I guess the level of scrutiny varies by country also.
As you are probably aware, applying for a visa stamp in Canada now carries an additional risk. If you get rejected, you cannot re-enter the US on your old I-94.
Best of luck.
Eric
Originally posted by Olga
Here's my sad story. I came to the US on F1 in 99, graduated from
college, found a job on OPT, changed it to H1B in a year, even got H1B
stamp from Canada without any problems, and then after a year on
H1B... got laid off a couple of days ago. I just mailed in the
paperwork to change my status to B2, and now I am not sure what to do
next. Long before I got laid off I decided to go to grad school and I
have already mailed all the applications. I need to make sure that I
will be able to get F1 visa or status once I get an acceptance letter
& I-20.
So far, assuming I can't find another H1B job really soon and assuming
I do get accepted, I see the following scenarios:
1. I go home to Russia now and try to get F1 there. The problem is
that I think my non-immigrant intent will look very shaky after I
haven't lived there for 4.5 years. I do still have residence there,
and all my family is there, but I think it's pretty thin as far as INS
is concerned.
2. I stick around here on B2 (if the status change is approved) until
I get I-20 (March - April) and then file for change of status to F1.
What are my chances of being rejected? Won't it look too desperate to
INS - like I am trying to stay here whatever it takes? I do have a
genuine intent and desire to study and wanting to get F1 has nothing
to do with my current status problems, but how do I prove it to INS??
Plus, if I change the status in the country, I will not have a visa
and will be stuck here for good.
3. Same as previous - I wait here till I get I-20, then I hop on the
plane and go to Canada to get my visa stamp. Is it insane? Will I
definitely get rejected? Would it help to change the status to F1
first? I am thinking that if I do get rejected, I still get a second
chance to do it in Russia, but then again - what if they reject me
there too?
I would really appreciate any advice! I've put a lot of time and
thought into my grad school applications, and at this point if I can't
go because of this visa stuff, I will be pretty devastated...
Thanks!
Here's my sad story. I came to the US on F1 in 99, graduated from
college, found a job on OPT, changed it to H1B in a year, even got H1B
stamp from Canada without any problems, and then after a year on
H1B... got laid off a couple of days ago. I just mailed in the
paperwork to change my status to B2, and now I am not sure what to do
next. Long before I got laid off I decided to go to grad school and I
have already mailed all the applications. I need to make sure that I
will be able to get F1 visa or status once I get an acceptance letter
& I-20.
So far, assuming I can't find another H1B job really soon and assuming
I do get accepted, I see the following scenarios:
1. I go home to Russia now and try to get F1 there. The problem is
that I think my non-immigrant intent will look very shaky after I
haven't lived there for 4.5 years. I do still have residence there,
and all my family is there, but I think it's pretty thin as far as INS
is concerned.
2. I stick around here on B2 (if the status change is approved) until
I get I-20 (March - April) and then file for change of status to F1.
What are my chances of being rejected? Won't it look too desperate to
INS - like I am trying to stay here whatever it takes? I do have a
genuine intent and desire to study and wanting to get F1 has nothing
to do with my current status problems, but how do I prove it to INS??
Plus, if I change the status in the country, I will not have a visa
and will be stuck here for good.
3. Same as previous - I wait here till I get I-20, then I hop on the
plane and go to Canada to get my visa stamp. Is it insane? Will I
definitely get rejected? Would it help to change the status to F1
first? I am thinking that if I do get rejected, I still get a second
chance to do it in Russia, but then again - what if they reject me
there too?
I would really appreciate any advice! I've put a lot of time and
thought into my grad school applications, and at this point if I can't
go because of this visa stuff, I will be pretty devastated...
Thanks!
Jan 22nd 2004, 2:15 am
#4
BE Enthusiast
Joined: Jan 2004
Location: Atlanta, GA
Posts: 771
Re: F1->H1B->B2->F1 ?
It's nearly impossible to get an F-1 visa in Russia. I haven't been home in a while because of that. I know some people that went home for the holidays in the middle of their PhD program (with full financing) and couldn't come back.
Jan 22nd 2004, 2:20 pm
#5
Guest
Posts: n/a
Re: F1->H1B->B2->F1 ?
LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...
> It's nearly impossible to get an F-1 visa in Russia. I haven't been home
> in a while because of that. I know some people that went home for the
> holidays in the middle of their PhD program (with full financing) and
> couldn't come back.
You know, I got the first F1 (for undergrad) without any problems. Of
course, it was before 9/11, and I still think I just got really
lucky... I am just afraid that if I change the status here and don't
attempt to get a visa in Russia or Canada, I won't be able to go home
for about 4 years (9 months before school now + 2 years in school + 1
year OPT + some time to get a new H1B). I wish State Dept. would
publish statistics on number of people who applied for visas, number
approved, number rejected...
> It's nearly impossible to get an F-1 visa in Russia. I haven't been home
> in a while because of that. I know some people that went home for the
> holidays in the middle of their PhD program (with full financing) and
> couldn't come back.
You know, I got the first F1 (for undergrad) without any problems. Of
course, it was before 9/11, and I still think I just got really
lucky... I am just afraid that if I change the status here and don't
attempt to get a visa in Russia or Canada, I won't be able to go home
for about 4 years (9 months before school now + 2 years in school + 1
year OPT + some time to get a new H1B). I wish State Dept. would
publish statistics on number of people who applied for visas, number
approved, number rejected...
