Going back to Japan and come back on F-1 visa?
Mar 23rd 2003, 11:16 am
#16
Guest
Posts: n/a
Re: Going back to Japan and come back on F-1 visa?
Ingo Pakleppa wrote:
> Changing from H-1B to F-1 within the US theoretically is just as
> difficult. In practice, INS has sometimes ignored suspected immigration
> intent, so it may be easier in practice.
>
> However, the drawback is that until you physically have been outside the
> US for a year, you wouldn't be able to get another H-1B after your
> studies are completed.
>
> On Thu, 13 Mar 2003 07:00:52 +0000, VL wrote:
>
>
>>Thank you for the reply. I spoke to my lawyer and he also said I can
>>have the exact 6 years on H-1b.
>>I have another question, again.
>>As you see in my previous posts, I first planned to go back to Japan
>>to regain a new H-1b eligibility, and come back to US on F-1. But it
>>appears to be a very long shot. It is very possible that my
>>application for F-1 visa will be denied at the Embassy in Japan due to
>>my long stay (13 years) in US and a very short stay in Japan (a year).
>>How about changing my status from H-1b to F-1 in here, US? It is
>>still very difficult to do? I know I still have to show I have a
>>strong tie to Japan, such as assets, family, business, etc. What is
>>the reality of it?
>>Please give me any inputs, comments, experiences, anything.
>>I appreciate all the helps in advance.
>>"Sylvia Ottemoeller" wrote in message news:...
>>>You can get H-1B status extended to September 2004, for the maximum duration
>>>of 6 years, if an employer or prospective employer files an H-1B extension
>>>petition on your behalf asking for H-1B extension up to that date.
>>>Your current employer cannot file the H-1B extension petition earlier than 6
>>>months prior to the May 2004 expiration date.
>>>Another employer can file an H-1B extension petition, asking for a change of
>>>employer, at any time, and request the maximum duration.
>>>"VL" wrote in message
>>>news:[email protected]...
>>>>Thank you very much. I have been learning alot from you.
>>>>I have another question regarding H-1b.
>>>>My H-1b started in Oct. 1998 so that technically I am supposed to be
>>>>able to have H-1b status up to Sep. 2004 assuming I have a job which
>>>>supports the status. But the expiration date on my current H-1b
>>>>certificate(?)is May 2004. Is there any way to extend it to Sep.
>>>>2004?
>>>>That would make a big difference to me.
>>>
>>>>>>>>>"Ingo Pakleppa" wrote in message
>>>news:...
>>>>>>>>>>There is no way to be sure because INS never issued regulations.
>>> That may
>>>>>>>>>>be good news for you, though, because you can now just go ahead
>>> and do it,
>>>>>>>>>>and argue that you have at least a reasonable assumption that
>>> what you are
>>>>>>>>>>doing is legal - that may well help you down the road if you are
>>>>>>>>>>challenged on this at all. Chances are nobody will even ask
>>> about it. Of
>>>>>>>>>>course you are still taking a risk, but I would consider it
>>> rather slight.
>>>>>>>>>>You would change jobs. Your new employer would file a new H-1B
>>> for you, as
>>>>>>>>>>well as a new LC. It doesn't matter what the old employer does
>>> with the
>>>>>>>>>>LC, as long as you can prove that it was filed before the one
>>> year is up.
>>>>>>>>>>On Thu, 06 Mar 2003 10:05:25 +0000, VL wrote:
>>>>>>>>>>>Thank you very much for the input.
>>>>>>>>>>>The best bet for me right now seems to find a new employer who
>>>>>>>>>>>supports my GC petition. But as you said, it is not clear
>>> whether I
>>>>>>>>>>>can extend my H1-b visa over the 6 year limit. A lawyer I
>>> talked to
>>>>>>>>>>>also said the same but he was not sure either. Is there any
>>> way to
>>>>>>>>>>>confirm it?
>>>I agree with Ingo. This is not clear cut because there are no regulations.
>>>The employer would simply have to try it, and see if INS approves it.
>
It should also be pointed out that if the employer starts a labor
certification now, it will have been pending for over a year by the time
September 2004 rolls around, in which case he should be eligible for
additional one-year extensions until the process is completed. Of
course, there are no regs on this change yet either.
--
Above intended as general commentary, not legal advice.
Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
> Changing from H-1B to F-1 within the US theoretically is just as
> difficult. In practice, INS has sometimes ignored suspected immigration
> intent, so it may be easier in practice.
>
> However, the drawback is that until you physically have been outside the
> US for a year, you wouldn't be able to get another H-1B after your
> studies are completed.
>
> On Thu, 13 Mar 2003 07:00:52 +0000, VL wrote:
>
>
>>Thank you for the reply. I spoke to my lawyer and he also said I can
>>have the exact 6 years on H-1b.
>>I have another question, again.
>>As you see in my previous posts, I first planned to go back to Japan
>>to regain a new H-1b eligibility, and come back to US on F-1. But it
>>appears to be a very long shot. It is very possible that my
>>application for F-1 visa will be denied at the Embassy in Japan due to
>>my long stay (13 years) in US and a very short stay in Japan (a year).
>>How about changing my status from H-1b to F-1 in here, US? It is
>>still very difficult to do? I know I still have to show I have a
>>strong tie to Japan, such as assets, family, business, etc. What is
>>the reality of it?
>>Please give me any inputs, comments, experiences, anything.
>>I appreciate all the helps in advance.
>>"Sylvia Ottemoeller" wrote in message news:...
>>>You can get H-1B status extended to September 2004, for the maximum duration
>>>of 6 years, if an employer or prospective employer files an H-1B extension
>>>petition on your behalf asking for H-1B extension up to that date.
>>>Your current employer cannot file the H-1B extension petition earlier than 6
>>>months prior to the May 2004 expiration date.
>>>Another employer can file an H-1B extension petition, asking for a change of
>>>employer, at any time, and request the maximum duration.
>>>"VL" wrote in message
>>>news:[email protected]...
>>>>Thank you very much. I have been learning alot from you.
>>>>I have another question regarding H-1b.
>>>>My H-1b started in Oct. 1998 so that technically I am supposed to be
>>>>able to have H-1b status up to Sep. 2004 assuming I have a job which
>>>>supports the status. But the expiration date on my current H-1b
>>>>certificate(?)is May 2004. Is there any way to extend it to Sep.
>>>>2004?
>>>>That would make a big difference to me.
>>>
>>>>>>>>>"Ingo Pakleppa" wrote in message
>>>news:...
>>>>>>>>>>There is no way to be sure because INS never issued regulations.
>>> That may
>>>>>>>>>>be good news for you, though, because you can now just go ahead
>>> and do it,
>>>>>>>>>>and argue that you have at least a reasonable assumption that
>>> what you are
>>>>>>>>>>doing is legal - that may well help you down the road if you are
>>>>>>>>>>challenged on this at all. Chances are nobody will even ask
>>> about it. Of
>>>>>>>>>>course you are still taking a risk, but I would consider it
>>> rather slight.
>>>>>>>>>>You would change jobs. Your new employer would file a new H-1B
>>> for you, as
>>>>>>>>>>well as a new LC. It doesn't matter what the old employer does
>>> with the
>>>>>>>>>>LC, as long as you can prove that it was filed before the one
>>> year is up.
>>>>>>>>>>On Thu, 06 Mar 2003 10:05:25 +0000, VL wrote:
>>>>>>>>>>>Thank you very much for the input.
>>>>>>>>>>>The best bet for me right now seems to find a new employer who
>>>>>>>>>>>supports my GC petition. But as you said, it is not clear
>>> whether I
>>>>>>>>>>>can extend my H1-b visa over the 6 year limit. A lawyer I
>>> talked to
>>>>>>>>>>>also said the same but he was not sure either. Is there any
>>> way to
>>>>>>>>>>>confirm it?
>>>I agree with Ingo. This is not clear cut because there are no regulations.
>>>The employer would simply have to try it, and see if INS approves it.
>
It should also be pointed out that if the employer starts a labor
certification now, it will have been pending for over a year by the time
September 2004 rolls around, in which case he should be eligible for
additional one-year extensions until the process is completed. Of
course, there are no regs on this change yet either.
--
Above intended as general commentary, not legal advice.
Your mileage may vary.
================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
Mar 24th 2003, 1:04 am
#17
Guest
Posts: n/a
Re: Going back to Japan and come back on F-1 visa?
Thank you so much everyone especially ingo.
I got another news about F-1 visa.
I thought that going back to Japan and coming back here on F-1 visa
was too risky. So I am planning to change my status from H-1b to F-1
in the US.
But the other day when I spoke to a friend of mine, whose mother lives
in Hawaii, she gave me a very bad news. In Hawaii, one immigration
lawyer has been on many TV shows lately to say that you (in this case,
a Japanese) must go back to Japan and apply to F-1 visa at the
American Embassy in Japan to get F-1 visa status, whether you are in
Japan or already in the US.
Is it true? It that what the BCIS is doing now?
Please help me, any kind of info. inputs, comments are appreciated.
[email protected] (VL) wrote in message news:...
> I have been in the United States for about 13 years. After finishing
> English language program and being out of status for about 2 years, I
> regained F-1 visa and finished a MBA , then worked on H1-b visa for
> about 5 years. Now, my labor certification petition was filed in New
> York. But due to the overload of petitions in April 2001, more than
> 50,000 applications are still pending as of Feb. 2003. One paper said
> that only 10,000 cases were reviewed in 2002 and DOL will not increase
> personnel for the review. That means it might take more than 5 years
> to get my petition reviewed.
> I am quite unhappy with my current job. Every day is a torture to me
> thanks to my direct boss. But since my H1-b visa will expire soon
> (spring in 2004), I cannot get another job. I know PERM program is on
> the horizon, but I might have to ask my employer to do more ads. and
> other things to comply with the program. I doubt they will do it or
> if they do it, they will give me more of hard time.
>
> So, I came up with a plan:
> Going back to Japan (did I mention I am from Japan?), staying there
> for a year in order to regain an eligibility for new H1-b visa.
> Meanwhile I will apply to a MS course (I believe getting accepted is
> not a problem since I already finished a MBA), and come back to the
> States on F-1 visa to start the program in fall 2004.
>
> My biggest fear is that the Embassy in Japan would not issue F-1 visa
> for me since I have been here for 13 years and after 1 year absence I
> come back to the States. That might cause them to think I will stay
> in the States indefinitely. Although I can get a letter from my
> family stating they will need me for their business after my
> completion of the degree, it might not good enough.
> Does the plan work? Any flaws in it? I really need to know if this
> plan work, or any other good plans?
>
> I appreciate any kind of comments and inputs.
I got another news about F-1 visa.
I thought that going back to Japan and coming back here on F-1 visa
was too risky. So I am planning to change my status from H-1b to F-1
in the US.
But the other day when I spoke to a friend of mine, whose mother lives
in Hawaii, she gave me a very bad news. In Hawaii, one immigration
lawyer has been on many TV shows lately to say that you (in this case,
a Japanese) must go back to Japan and apply to F-1 visa at the
American Embassy in Japan to get F-1 visa status, whether you are in
Japan or already in the US.
Is it true? It that what the BCIS is doing now?
Please help me, any kind of info. inputs, comments are appreciated.
[email protected] (VL) wrote in message news:...
> I have been in the United States for about 13 years. After finishing
> English language program and being out of status for about 2 years, I
> regained F-1 visa and finished a MBA , then worked on H1-b visa for
> about 5 years. Now, my labor certification petition was filed in New
> York. But due to the overload of petitions in April 2001, more than
> 50,000 applications are still pending as of Feb. 2003. One paper said
> that only 10,000 cases were reviewed in 2002 and DOL will not increase
> personnel for the review. That means it might take more than 5 years
> to get my petition reviewed.
> I am quite unhappy with my current job. Every day is a torture to me
> thanks to my direct boss. But since my H1-b visa will expire soon
> (spring in 2004), I cannot get another job. I know PERM program is on
> the horizon, but I might have to ask my employer to do more ads. and
> other things to comply with the program. I doubt they will do it or
> if they do it, they will give me more of hard time.
>
> So, I came up with a plan:
> Going back to Japan (did I mention I am from Japan?), staying there
> for a year in order to regain an eligibility for new H1-b visa.
> Meanwhile I will apply to a MS course (I believe getting accepted is
> not a problem since I already finished a MBA), and come back to the
> States on F-1 visa to start the program in fall 2004.
>
> My biggest fear is that the Embassy in Japan would not issue F-1 visa
> for me since I have been here for 13 years and after 1 year absence I
> come back to the States. That might cause them to think I will stay
> in the States indefinitely. Although I can get a letter from my
> family stating they will need me for their business after my
> completion of the degree, it might not good enough.
> Does the plan work? Any flaws in it? I really need to know if this
> plan work, or any other good plans?
>
> I appreciate any kind of comments and inputs.
Mar 25th 2003, 1:06 am
#18
Guest
Posts: n/a
Re: Going back to Japan and come back on F-1 visa?
I guess there was no one to read it posted yesterday. So I am posting
it as a reply to the last posting.
Thank you so much everyone especially ingo.
I got another news about F-1 visa.
I thought that going back to Japan and coming back here on F-1 visa
was too risky. So I am planning to change my status from H-1b to F-1
in the US.
But the other day when I spoke to a friend of mine, whose mother lives
in Hawaii, she gave me a very bad news. In Hawaii, one immigration
lawyer has been on many TV shows lately to say that you (in this case,
a Japanese) must go back to Japan and apply to F-1 visa at the
American Embassy in Japan to get F-1 visa status, whether you are in
Japan or already in the US.
Is it true? It that what the BCIS is doing now?
Please help me, any kind of info. inputs, comments are appreciated.
[email protected] (VL) wrote in message news:...
> Thank you so much everyone especially ingo.
> I got another news about F-1 visa.
>
> I thought that going back to Japan and coming back here on F-1 visa
> was too risky. So I am planning to change my status from H-1b to F-1
> in the US.
> But the other day when I spoke to a friend of mine, whose mother lives
> in Hawaii, she gave me a very bad news. In Hawaii, one immigration
> lawyer has been on many TV shows lately to say that you (in this case,
> a Japanese) must go back to Japan and apply to F-1 visa at the
> American Embassy in Japan to get F-1 visa status, whether you are in
> Japan or already in the US.
> Is it true? It that what the BCIS is doing now?
>
> Please help me, any kind of info. inputs, comments are appreciated.
>
>
> [email protected] (VL) wrote in message news:...
> > I have been in the United States for about 13 years. After finishing
> > English language program and being out of status for about 2 years, I
> > regained F-1 visa and finished a MBA , then worked on H1-b visa for
> > about 5 years. Now, my labor certification petition was filed in New
> > York. But due to the overload of petitions in April 2001, more than
> > 50,000 applications are still pending as of Feb. 2003. One paper said
> > that only 10,000 cases were reviewed in 2002 and DOL will not increase
> > personnel for the review. That means it might take more than 5 years
> > to get my petition reviewed.
> > I am quite unhappy with my current job. Every day is a torture to me
> > thanks to my direct boss. But since my H1-b visa will expire soon
> > (spring in 2004), I cannot get another job. I know PERM program is on
> > the horizon, but I might have to ask my employer to do more ads. and
> > other things to comply with the program. I doubt they will do it or
> > if they do it, they will give me more of hard time.
> >
> > So, I came up with a plan:
> > Going back to Japan (did I mention I am from Japan?), staying there
> > for a year in order to regain an eligibility for new H1-b visa.
> > Meanwhile I will apply to a MS course (I believe getting accepted is
> > not a problem since I already finished a MBA), and come back to the
> > States on F-1 visa to start the program in fall 2004.
> >
> > My biggest fear is that the Embassy in Japan would not issue F-1 visa
> > for me since I have been here for 13 years and after 1 year absence I
> > come back to the States. That might cause them to think I will stay
> > in the States indefinitely. Although I can get a letter from my
> > family stating they will need me for their business after my
> > completion of the degree, it might not good enough.
> > Does the plan work? Any flaws in it? I really need to know if this
> > plan work, or any other good plans?
> >
> > I appreciate any kind of comments and inputs.
it as a reply to the last posting.
Thank you so much everyone especially ingo.
I got another news about F-1 visa.
I thought that going back to Japan and coming back here on F-1 visa
was too risky. So I am planning to change my status from H-1b to F-1
in the US.
But the other day when I spoke to a friend of mine, whose mother lives
in Hawaii, she gave me a very bad news. In Hawaii, one immigration
lawyer has been on many TV shows lately to say that you (in this case,
a Japanese) must go back to Japan and apply to F-1 visa at the
American Embassy in Japan to get F-1 visa status, whether you are in
Japan or already in the US.
Is it true? It that what the BCIS is doing now?
Please help me, any kind of info. inputs, comments are appreciated.
[email protected] (VL) wrote in message news:...
> Thank you so much everyone especially ingo.
> I got another news about F-1 visa.
>
> I thought that going back to Japan and coming back here on F-1 visa
> was too risky. So I am planning to change my status from H-1b to F-1
> in the US.
> But the other day when I spoke to a friend of mine, whose mother lives
> in Hawaii, she gave me a very bad news. In Hawaii, one immigration
> lawyer has been on many TV shows lately to say that you (in this case,
> a Japanese) must go back to Japan and apply to F-1 visa at the
> American Embassy in Japan to get F-1 visa status, whether you are in
> Japan or already in the US.
> Is it true? It that what the BCIS is doing now?
>
> Please help me, any kind of info. inputs, comments are appreciated.
>
>
> [email protected] (VL) wrote in message news:...
> > I have been in the United States for about 13 years. After finishing
> > English language program and being out of status for about 2 years, I
> > regained F-1 visa and finished a MBA , then worked on H1-b visa for
> > about 5 years. Now, my labor certification petition was filed in New
> > York. But due to the overload of petitions in April 2001, more than
> > 50,000 applications are still pending as of Feb. 2003. One paper said
> > that only 10,000 cases were reviewed in 2002 and DOL will not increase
> > personnel for the review. That means it might take more than 5 years
> > to get my petition reviewed.
> > I am quite unhappy with my current job. Every day is a torture to me
> > thanks to my direct boss. But since my H1-b visa will expire soon
> > (spring in 2004), I cannot get another job. I know PERM program is on
> > the horizon, but I might have to ask my employer to do more ads. and
> > other things to comply with the program. I doubt they will do it or
> > if they do it, they will give me more of hard time.
> >
> > So, I came up with a plan:
> > Going back to Japan (did I mention I am from Japan?), staying there
> > for a year in order to regain an eligibility for new H1-b visa.
> > Meanwhile I will apply to a MS course (I believe getting accepted is
> > not a problem since I already finished a MBA), and come back to the
> > States on F-1 visa to start the program in fall 2004.
> >
> > My biggest fear is that the Embassy in Japan would not issue F-1 visa
> > for me since I have been here for 13 years and after 1 year absence I
> > come back to the States. That might cause them to think I will stay
> > in the States indefinitely. Although I can get a letter from my
> > family stating they will need me for their business after my
> > completion of the degree, it might not good enough.
> > Does the plan work? Any flaws in it? I really need to know if this
> > plan work, or any other good plans?
> >
> > I appreciate any kind of comments and inputs.
Mar 25th 2003, 8:46 am
#19
Guest
Posts: n/a
Re: Going back to Japan and come back on F-1 visa?
This is true only if you are currently in the US as a visitor (business or
tourist), and even then does not always apply. If you are in the US on any
other lawful status that allows a change of status, you can change within
the US. This is actually not even completely new, although it is a
tightening of a policy that existed for a long time.
That said, going to Japan may be a good idea because it can be much faster.
On Tue, 25 Mar 2003 06:06:18 -0800, VL wrote:
> I guess there was no one to read it posted yesterday. So I am posting
> it as a reply to the last posting.
>
> Thank you so much everyone especially ingo.
> I got another news about F-1 visa.
>
> I thought that going back to Japan and coming back here on F-1 visa
> was too risky. So I am planning to change my status from H-1b to F-1
> in the US.
> But the other day when I spoke to a friend of mine, whose mother lives
> in Hawaii, she gave me a very bad news. In Hawaii, one immigration
> lawyer has been on many TV shows lately to say that you (in this case,
> a Japanese) must go back to Japan and apply to F-1 visa at the
> American Embassy in Japan to get F-1 visa status, whether you are in
> Japan or already in the US.
> Is it true? It that what the BCIS is doing now?
>
> Please help me, any kind of info. inputs, comments are appreciated.
>
>
> [email protected] (VL) wrote in message news:...
>> Thank you so much everyone especially ingo.
>> I got another news about F-1 visa.
>>
>> I thought that going back to Japan and coming back here on F-1 visa
>> was too risky. So I am planning to change my status from H-1b to F-1
>> in the US.
>> But the other day when I spoke to a friend of mine, whose mother lives
>> in Hawaii, she gave me a very bad news. In Hawaii, one immigration
>> lawyer has been on many TV shows lately to say that you (in this case,
>> a Japanese) must go back to Japan and apply to F-1 visa at the
>> American Embassy in Japan to get F-1 visa status, whether you are in
>> Japan or already in the US.
>> Is it true? It that what the BCIS is doing now?
>>
>> Please help me, any kind of info. inputs, comments are appreciated.
>>
>>
>> [email protected] (VL) wrote in message news:...
>> > I have been in the United States for about 13 years. After finishing
>> > English language program and being out of status for about 2 years, I
>> > regained F-1 visa and finished a MBA , then worked on H1-b visa for
>> > about 5 years. Now, my labor certification petition was filed in New
>> > York. But due to the overload of petitions in April 2001, more than
>> > 50,000 applications are still pending as of Feb. 2003. One paper said
>> > that only 10,000 cases were reviewed in 2002 and DOL will not increase
>> > personnel for the review. That means it might take more than 5 years
>> > to get my petition reviewed.
>> > I am quite unhappy with my current job. Every day is a torture to me
>> > thanks to my direct boss. But since my H1-b visa will expire soon
>> > (spring in 2004), I cannot get another job. I know PERM program is on
>> > the horizon, but I might have to ask my employer to do more ads. and
>> > other things to comply with the program. I doubt they will do it or
>> > if they do it, they will give me more of hard time.
>> >
>> > So, I came up with a plan:
>> > Going back to Japan (did I mention I am from Japan?), staying there
>> > for a year in order to regain an eligibility for new H1-b visa.
>> > Meanwhile I will apply to a MS course (I believe getting accepted is
>> > not a problem since I already finished a MBA), and come back to the
>> > States on F-1 visa to start the program in fall 2004.
>> >
>> > My biggest fear is that the Embassy in Japan would not issue F-1 visa
>> > for me since I have been here for 13 years and after 1 year absence I
>> > come back to the States. That might cause them to think I will stay
>> > in the States indefinitely. Although I can get a letter from my
>> > family stating they will need me for their business after my
>> > completion of the degree, it might not good enough.
>> > Does the plan work? Any flaws in it? I really need to know if this
>> > plan work, or any other good plans?
>> >
>> > I appreciate any kind of comments and inputs.
tourist), and even then does not always apply. If you are in the US on any
other lawful status that allows a change of status, you can change within
the US. This is actually not even completely new, although it is a
tightening of a policy that existed for a long time.
That said, going to Japan may be a good idea because it can be much faster.
On Tue, 25 Mar 2003 06:06:18 -0800, VL wrote:
> I guess there was no one to read it posted yesterday. So I am posting
> it as a reply to the last posting.
>
> Thank you so much everyone especially ingo.
> I got another news about F-1 visa.
>
> I thought that going back to Japan and coming back here on F-1 visa
> was too risky. So I am planning to change my status from H-1b to F-1
> in the US.
> But the other day when I spoke to a friend of mine, whose mother lives
> in Hawaii, she gave me a very bad news. In Hawaii, one immigration
> lawyer has been on many TV shows lately to say that you (in this case,
> a Japanese) must go back to Japan and apply to F-1 visa at the
> American Embassy in Japan to get F-1 visa status, whether you are in
> Japan or already in the US.
> Is it true? It that what the BCIS is doing now?
>
> Please help me, any kind of info. inputs, comments are appreciated.
>
>
> [email protected] (VL) wrote in message news:...
>> Thank you so much everyone especially ingo.
>> I got another news about F-1 visa.
>>
>> I thought that going back to Japan and coming back here on F-1 visa
>> was too risky. So I am planning to change my status from H-1b to F-1
>> in the US.
>> But the other day when I spoke to a friend of mine, whose mother lives
>> in Hawaii, she gave me a very bad news. In Hawaii, one immigration
>> lawyer has been on many TV shows lately to say that you (in this case,
>> a Japanese) must go back to Japan and apply to F-1 visa at the
>> American Embassy in Japan to get F-1 visa status, whether you are in
>> Japan or already in the US.
>> Is it true? It that what the BCIS is doing now?
>>
>> Please help me, any kind of info. inputs, comments are appreciated.
>>
>>
>> [email protected] (VL) wrote in message news:...
>> > I have been in the United States for about 13 years. After finishing
>> > English language program and being out of status for about 2 years, I
>> > regained F-1 visa and finished a MBA , then worked on H1-b visa for
>> > about 5 years. Now, my labor certification petition was filed in New
>> > York. But due to the overload of petitions in April 2001, more than
>> > 50,000 applications are still pending as of Feb. 2003. One paper said
>> > that only 10,000 cases were reviewed in 2002 and DOL will not increase
>> > personnel for the review. That means it might take more than 5 years
>> > to get my petition reviewed.
>> > I am quite unhappy with my current job. Every day is a torture to me
>> > thanks to my direct boss. But since my H1-b visa will expire soon
>> > (spring in 2004), I cannot get another job. I know PERM program is on
>> > the horizon, but I might have to ask my employer to do more ads. and
>> > other things to comply with the program. I doubt they will do it or
>> > if they do it, they will give me more of hard time.
>> >
>> > So, I came up with a plan:
>> > Going back to Japan (did I mention I am from Japan?), staying there
>> > for a year in order to regain an eligibility for new H1-b visa.
>> > Meanwhile I will apply to a MS course (I believe getting accepted is
>> > not a problem since I already finished a MBA), and come back to the
>> > States on F-1 visa to start the program in fall 2004.
>> >
>> > My biggest fear is that the Embassy in Japan would not issue F-1 visa
>> > for me since I have been here for 13 years and after 1 year absence I
>> > come back to the States. That might cause them to think I will stay
>> > in the States indefinitely. Although I can get a letter from my
>> > family stating they will need me for their business after my
>> > completion of the degree, it might not good enough.
>> > Does the plan work? Any flaws in it? I really need to know if this
>> > plan work, or any other good plans?
>> >
>> > I appreciate any kind of comments and inputs.
