Sync Walantaji

Hi
I'm currently on H1B visa and it'll still be valid for one more year.
My company has told me that they won't file for extension after that
and I'll go back to my home country if I still want to work for them.

I'm also waiting for my family sponsered 2B green card process. To my
best estimate, there's still 2 years waiting left for this process to
go through.

Is it possible for me to apply for school and get F1 without leaving
the US?
Do I have to mention the 2B process currently going on? I heard you
can't have dual intension when you apply for F1...


Thanks in advance.

Amanda

Sync Walantaji <[email protected]> wrote in message news:<[email protected]>. ..
    > Hi
    > I'm currently on H1B visa and it'll still be valid for one more year.
    > My company has told me that they won't file for extension after that
    > and I'll go back to my home country if I still want to work for them.
    >
    > I'm also waiting for my family sponsered 2B green card process. To my
    > best estimate, there's still 2 years waiting left for this process to
    > go through.
    >
    > Is it possible for me to apply for school and get F1 without leaving
    > the US?
    > Do I have to mention the 2B process currently going on? I heard you
    > can't have dual intension when you apply for F1...
    >
    >
    > Thanks in advance.


If you tell the school about family sponsored thing on the side, the
school won't give you I-20 and helped you with changing from H-1 to
F-1 process; but they would say you can attend school with your
family-based thing pending. The they better tell you about their state
legisture that may allow you to get in-instate fees. CA and Texas has
it.

There even are some schools letting people attend their school without
helping student to reinstate to F-1 after they left former school more
than 5 motnhs ago (SEVIS) even when the student has no family-based
petition pending.

Note that in some state, your I-130 pending status would entitled you
to be treated as resident for tutition fee purpose.

You can get instate tuition fee rate even if you are on F-1 and then
become I-130 pending status by merely telling the registrar office of
the school about it, showing proof. One thing for sure is that the
school won't do OPT for you after you mentioned about I-130 (& get
instate), since OPT (I came to find out) is still F-1.

If you don't want to go out of US and don't want to do F-1, then why
not find another employer who will do H-1 for you and switch before
you finish your H-1 with this employer.


Does this employer want you to work in your home country for them?

Let's say you move to your country and work for them. What happens
when you get greencard and enter US after? Will this employer employ
you then? If not, why listen to them. Do what you want. Even if they
say they will employ you back inside US, why listen to them? How can
you trust them? They might nto need you at that time.

If I were you I would start planning to exit from this company ...

Sync Walantaji

On 2 May 2004 17:18:59 -0700, [email protected] (Amanda) wrote:

    >Sync Walantaji <[email protected]> wrote in message news:<[email protected]>. ..
    >> Hi
    >> I'm currently on H1B visa and it'll still be valid for one more year.
    >> My company has told me that they won't file for extension after that
    >> and I'll go back to my home country if I still want to work for them.
    >>
    >> I'm also waiting for my family sponsered 2B green card process. To my
    >> best estimate, there's still 2 years waiting left for this process to
    >> go through.
    >>
    >> Is it possible for me to apply for school and get F1 without leaving
    >> the US?
    >> Do I have to mention the 2B process currently going on? I heard you
    >> can't have dual intension when you apply for F1...
    >>
    >>
    >> Thanks in advance.
    >If you tell the school about family sponsored thing on the side, the
    >school won't give you I-20 and helped you with changing from H-1 to
    >F-1 process; but they would say you can attend school with your
    >family-based thing pending. The they better tell you about their state
    >legisture that may allow you to get in-instate fees. CA and Texas has
    >it.
    >There even are some schools letting people attend their school without
    >helping student to reinstate to F-1 after they left former school more
    >than 5 motnhs ago (SEVIS) even when the student has no family-based
    >petition pending.
    >Note that in some state, your I-130 pending status would entitled you
    >to be treated as resident for tutition fee purpose.
    >You can get instate tuition fee rate even if you are on F-1 and then
    >become I-130 pending status by merely telling the registrar office of
    >the school about it, showing proof. One thing for sure is that the
    >school won't do OPT for you after you mentioned about I-130 (& get
    >instate), since OPT (I came to find out) is still F-1.
    >If you don't want to go out of US and don't want to do F-1, then why
    >not find another employer who will do H-1 for you and switch before
    >you finish your H-1 with this employer.
    >Does this employer want you to work in your home country for them?
    >Let's say you move to your country and work for them. What happens
    >when you get greencard and enter US after? Will this employer employ
    >you then? If not, why listen to them. Do what you want. Even if they
    >say they will employ you back inside US, why listen to them? How can
    >you trust them? They might nto need you at that time.
    >If I were you I would start planning to exit from this company ...

Is this switching to F1 process only through the Internation student
office and no INS invovled? If I remember correctly, the school issue
I-20 and I have to go to INS office to get the F1.
Do I have to mention about my I-130 in my application?
The most important thing is if they'll deny my application base on my
I-130 approval status?

Switching to a different employer is an option.
Howerver, the current company already sponsor my part-time graduate
classes plus all stock option and benefit locked in.
Job market is not that strong here at the moment,

Another option is to work at the branch office in my home country for
two years to wait for my green card. They told me they'll have me
back....But you are right, I cannot assume this will happen unless HR
put it in writting.

Tough decision.

Joachim Feise

Sync Walantaji said on 5/3/2004 18:26:
    > Is this switching to F1 process only through the Internation student
    > office and no INS invovled? If I remember correctly, the school issue
    > I-20 and I have to go to INS office to get the F1.

Yes.

    > Do I have to mention about my I-130 in my application?

Yes. They will find out anyway, from the file they have on you.
If you lie, you would get into even more trouble.

    > The most important thing is if they'll deny my application base on my
    > I-130 approval status?

They most likely will deny the F1 because the F1 does *not* allow
immigration intent. And a pending or approved I-130 shows immigration intent.
H1 and L1 are the only non-immigrant visas that allow immigration
intent.

-Joe

Amanda

Sync Walantaji <[email protected]> wrote in message news:<[email protected]>. ..

    > Is this switching to F1 process only through the Internation student
    > office and no INS invovled?

I meant Int'l student office is the key. INS would consider their
support heavily.

> If I remember correctly, the school issue
    > I-20 and I have to go to INS office to get the F1.

I have a friend who switched from B-2 to F-1. She got something. Let
me call her tomorrow and find out. She did it with a lawyer.

    > Do I have to mention about my I-130 in my application?
    > The most important thing is if they'll deny my application base on my
    > I-130 approval status?

If they know your I-130, I gurantee that they will deny F-1. I
remembered the inetrview at embassy when applying for F-1. I was
asked *repeatedly* whether I would stay in US after school. I said
"No" since I didn't know what I was going to do.

    >
    > Switching to a different employer is an option.
    > Howerver, the current company already sponsor my part-time graduate
    > classes plus all stock option and benefit locked in.
    > Job market is not that strong here at the moment,

You are taking class already. It seems that your employer is giving
you hint to get onto F-1. They are giving you time too by keeping your
H-1 status for you, it seems.

    >
    > Another option is to work at the branch office in my home country for
    > two years to wait for my green card. They told me they'll have me
    > back....But you are right, I cannot assume this will happen unless HR
    > put it in writting.
    >
    > Tough decision.

Might want to consult a lawyer about it.

If you like, email me at amandaca2005"att"yahoo"dot"com so that I can
tell you what my friend says about picking up anything at INS office.
It's late to call her now. I will in the morning. I need to ask her
something else anyway.

Amanda

Sync Walantaji

I talked with my friend. She said, she filled F-1 application at
school and the school mailed it for her (I am not sure whether she was
telling the truth on that because I remembered that she did it with a
lawyer because she said she hired the same lawyer when she won the
DV). She said, the immigration sent her a letter of receipt for the
application and then later, the approval letter and also a card
indicating her newly established status.

In her case, she was taking classes on her B-2 and she also extended
B-2 and was taking classes. She thinks that's why it took a while to
get-approved but during that waiting the schoool conitnue to let her
take classes.