Andy

Hi,

I would like to hear your opinion on my situation.

I am currently employed on a H-1 visa and planning to work till the
first week of august for the same employer. Starting September, I will
be starting graduate school on a F-1 visa.
I have two options to get my F-1.
1. Apply for a F-1 visa from within US and it takes a few months for
approval. However, do I need to still go out of the country and apply
for a F-1 stamp before coming back into the country in future?
2. Go to Canada (I am a canadian permanent resident) and apply for a
F-1 stamp directly. When I come back the the US and I am still hired
with my current company, does my H-1 get automatically get cancelled
when my F-1 is stamped on the passport? Can I come back on H-1 and go
back to school with F-1 status even though the I-94 will point that I
am employed?

I would not like to wait till august to go to canada to get my F-1
stamped. I want to do it before I quit my company.

Let me know which is a better alternative and if there is a way out of
this situation.
Thanks,
Andy

crg

You can't be admitted under two different non-immigrant classifications simultaneously. You could have several different visas, peitions, I-797, I-20AB, DS-2019 with you. All that matters is what the I-94 says. If you enter and receive an F-1 I-94 you can go to school. It would be unlawful to work. If you enter as an H1, then it's unlawful to attend school.

It may not matter anyway because you can't enter as an F-1 more than 30 days prior to the start of classes. You have 60 days to get out after completing classes. If you withdraw from classes you have 15 days to get out. If you just stop going and don't withdraw, you have to depart immedietly.

You may want to arrange to get the F-1 visa now, then depart and get it just before school starts. The H1 isn't cancelled just because you have an F1 in the passport as well. The I-94 must match your activity at all times.

LucyMO

You are not applying for F-1 visa inside the U.S. -- you are applying for a status change. After you change the status to F-1, you can continue being in the States while you study and maintain your F-1 status, and you do not have to leave the country to get your visa stamp just to get it stamped. If you have to leave the States for whatever reason, then you will have to get an F-1 visa stamp to come back. Visa is just a permission to enter. Your status is what allows you to stay. When you change your status in the States, you will get a new I-94 which should say D/S, which means "duration of status". Your status and its expiration date is indicated in your I-20 form.

Be aware, though, that it might be difficult to get a visa once you leave the States and need to come back. Depends on the country you are from.

Jozef

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected]...

    > If you enter and receive an F-1 I-94
    > you can go to school. It would be unlawful to work.

F-1 visa holders can apply for an EAD which allows them to work a limited
amount of hours during the school year and full time during vacations.

    > If you enter as an
    > H1, then it's unlawful to attend school.

H-1B visa holders are allowed to attend school/college as long as it does
not keep them from fulfilling their H-1B visa obligations.

crg

So, could an H1B take flight training if it didn't interfere with their H1B obligations?

Jozef

"crg14624" <member20421@british_expats.com> wrote in message
news:[email protected]...
    > > H-1B visa holders are allowed to attend
    > school/college as long as it does
    > > not keep them from fulfilling their
    > H-1B visa obligations.
    > So, could an H1B take flight training
    > if it didn't interfere with their H1B obligations?

Yes. In practice it may be hard to work a full time job and attend school
simultaneously, but it is not illegal.

Amanda

LucyMO <member20158@british_expats.com> wrote in message news:<[email protected]>...


    > Be aware, though, that
    > it might be difficult to get a visa once you leave the States and need
    > to come back. Depends on the country you are from.


I say that after she/he started school (after getting onto F-1 status
inside US), and want to go to out of the country, see whether she/he
can just cross the border and get F-1 visa stamp. That way, wherever
she wanted to go within the period of that lenght of entry period on
the visa, she would have a visa stamp to enter back in.

crg

They could go to Canada and back without getting the actual visa as long as they meet a few requirements.

They need some kind of valid or expired visa that they had used to enter.

They need a valid I-94, and valid passport.

They can only go for less than 30 days and only to Canada, Mexico, or adjacent islands (except Cuba).

They have to be otherwise admissible.

They can't apply for the visa while outside the U.S.

I believe Iran, Iraq, Libya, Sudan, and North Korea can't do it though.

Landed immigrants of British Commonwealth countries didn't need visas until March 2003 so they may not have any visa at all yet.