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H1 to F1 and now trying to be back to H1

H1 to F1 and now trying to be back to H1

Old Jun 1st 2002, 8:42 pm
  #1  
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Thread Starter
 
Joined: Mar 2002
Posts: 199
abcd is an unknown quantity at this point
Default H1 to F1 and now trying to be back to H1

I was laid off in Nov 01, then I applied for student visa. Later I got RFE which was responded and was received by INS on 22 May. Now telephonic message says that the decision of H1 to F1 will take 300-320 days more.

Now I got a job offer and company is willing to take care of H1 visa.

My question is whether company attorney can do some thing with INS so I can start working ....or in different words if/when I will able to start work.

All comments are welcome
abcd is offline  
Old Jun 2nd 2002, 6:20 pm
  #2  
Paul Helpdesk
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Posts: n/a
Default Re: H1 to F1 and now trying to be back to H1

You have a few things to consider here such as:

1) Have you maintained status since November?
2) Did you attend school after filing for change of status?
3) What visa classification were you under since November?

Based on the determination, you may qualify for H-1B Transfer. You certainly want to
be take all the precautionary measures before filing for H-1B Transfer.

http://www.visapro.com/H1B-Visa/H1B-Visa.asp

http://www.isso.cornell.edu/immigrat...galstatus.html

Paul @ HelpDesk
 
Old Jun 3rd 2002, 2:20 am
  #3  
Ingo Pakleppa
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Posts: n/a
Default Re: H1 to F1 and now trying to be back to H1

On 1 Jun 2002 21:20:02 GMT, abcd <[email protected]> wrote:

    >I was laid off in Nov 01, then I applied for student visa. Later I got RFE which was
    >responded and was received by INS on 22 May. Now telephonic message says that the
    >decision of H1 to F1 will take 300-320 days more.
    >
    >Now I got a job offer and company is willing to take care of H1 visa.
    >
    >My question is whether company attorney can do some thing with INS so I can start
    >working ....or in different words if/when I will able to start work.

Applying for an H-1B in that situation is not difficult, since you maintained status.
There has been too much time between jobs for you to qualify for a transfer, though,
so in order to start working quickly, the employer should pay the premium fee.

The only concern might be that INS could consider your F-1 application frivolous
and therefore consider you out of status after you got laid off. It's not likely
to happen.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old Jun 5th 2002, 8:20 pm
  #4  
Subu
Guest
 
Posts: n/a
Default Re: H1 to B and back

To maintain status people are suggesting to change from H1 to B and then get job back
to H1 if you find a job. Question is
1)How do you do that ?Fill some form from INS site(which form) or file thru an
attorney ?what is the cheapest way to do that ?
2)How long such stay in B is valid ?TIll I-94 date or 6 months from B approval date
whichever occurs earlier?
 
Old Jun 5th 2002, 11:20 pm
  #5  
Paul Helpdesk
Guest
 
Posts: n/a
Default Re: H1 to B and back

Status on B visa has been very restricted recently. How long you could stay on B-1
and change back to H-1B is in fluid state. Have you considered changing to F-1?

You will find some helpful info below:

http://www.visapro.com/US-Immigratio...-of-Status.asp

http://www.isso.cornell.edu/immigration/h1tof1.html

Paul @ HelpDesk
 
Old Jun 6th 2002, 7:21 am
  #6  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: H1 to B and back

On 5 Jun 2002 10:05:29 -0700, [email protected] (subu) wrote:

    >To maintain status people are suggesting to change from H1 to B and then get job
    >back to H1 if you find a job. Question is
    >1)How do you do that ?Fill some form from INS site(which form) or file thru an
    > attorney ?what is the cheapest way to do that ?

Download form I-539 from the INS Web site, fill it out and send it to the INS service
center. Include a copy of your I-94, not the original.

    >2)How long such stay in B is valid ?TIll I-94 date or 6 months from B approval date
    > whichever occurs earlier?

You actually specify how long. The maximum is six months. At the end of the six
months, you must leave the US or request an extension, even if INS hasn't
approved it yet.

Ingo

I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.

For further information, check the following frequently-requested links.

For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)

or http://ins.usdoj.gov (INS).

For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html

For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html

For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/

For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html

For information on entering the US as a K-1: http://www.k1poelist.com/

For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm

For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html

For non-official information, check:

(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)

http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com

This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.

(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
 
Old Jun 6th 2002, 4:25 pm
  #7  
Subu
Guest
 
Posts: n/a
Default Re: H1 to B and back

Thanks [email protected] (Ingo Pakleppa) wrote in message
news:<[email protected]>...
    > On 5 Jun 2002 10:05:29 -0700, [email protected] (subu) wrote:
    >
    > >To maintain status people are suggesting to change from H1 to B and then get job
    > >back to H1 if you find a job. Question is
    > >1)How do you do that ?Fill some form from INS site(which form) or file thru an
    > > attorney ?what is the cheapest way to do that ?
    >
    > Download form I-539 from the INS Web site, fill it out and send it to the INS
    > service center. Include a copy of your I-94, not the original.
    >
    > >2)How long such stay in B is valid ?TIll I-94 date or 6 months from B approval
    > > date whichever occurs earlier?
    >
    > You actually specify how long. The maximum is six months. At the end of the six
    > months, you must leave the US or request an extension, even if INS hasn't
    > approved it yet.
    >
    > Ingo
    >
    >
    > I am not a lawyer and this is not legal advice. For reliable advice, please consult
    > with a professional immigration attorney.
    >
    > For further information, check the following frequently-requested links.
    >
    > For many questions, you may find answers at
    > http://travel.state.gov/visa_services.html (Department of State)
    >
    > or http://ins.usdoj.gov (INS).
    >
    > For consular policies and visa reciprocity fees, find your consulate in
    > http://travel.state.gov/links.html
    >
    > For visa denial and suggestions what to do about them, see
    > http://travel.state.gov/visadenials.html
    >
    > For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
    >
    > For information on affidavit of support for marriage to US citizens (I-864), go to
    > http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
    >
    > For information on entering the US as a K-1: http://www.k1poelist.com/
    >
    > For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
    >
    >
    > For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
    > http://travel.state.gov/revals.html
    >
    >
    > For non-official information, check:
    >
    > (When using these sites, and any Web sites, please watch out for privacy, as I do
    > not know all site operators.)
    >
    > http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
    > http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
    > (dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
    > http://www.getusavisa.com http://greencard-lottery.virtualave.net/
    > http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
    > http://www.kamya.com/misc/ (marriage and fiancee)
    > http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
    >
    > This is not an endorsement of any of these Web sites. I am not affiliated with any
    > of the Web site owners and do not receive nor accept payment in return for listing
    > them, and typically don't even know them.
    >
    > (if believe you have a good immigration-related Web site and want your Web site
    > listed here, please e-mail me).
 

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