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H1B to F1 and now back to H1B

H1B to F1 and now back to H1B

Old Jun 28th 2002, 3:28 am
  #1  
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Joined: Mar 2002
Posts: 199
abcd is an unknown quantity at this point
Default H1B to F1 and now back to H1B

*Laid off on 27th Nov 2001
* took admission in a comm college, applied for F1 visa on 12 Dec
* did not go to comm college, informed school about plan change, got admission postponed to Fall 2002, informed INS same, moved to Texas in January 2002.
*Took admission in summer school in a Texas community college started attending class from 26th May 2002.
* Got F-1 approved on 12th June based on the last application submitted on 12th December. Visas were mailed to the new address.
* 1st June 2002, got job in a company with 35 people on payroll, applied for status change F1 to H1B on 20th June using premeium route.


In past too I went to similar cycle, now second time I am afraid whether INS will approve this case or will ask further questions. Will I get H1 B second time?

I have 2 more years for H1B to go.
abcd is offline  
Old Jun 29th 2002, 7:20 am
  #2  
Ingo Pakleppa
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Default Re: H1B to F1 and now back to H1B

On 28 Jun 2002 14:20:09 GMT, abcd <[email protected]> wrote:

    >*Laid off on 27th Nov 2001
    >* took admission in a comm college, applied for F1 visa on 12 Dec
    >* did not go to comm college, informed school about plan change, got admission
    > postponed to Fall 2002, informed INS same, moved to Texas in January 2002. *Took
    > admission in summer school in a Texas community college started attending class
    > from 26th May 2002.
    >* Got F-1 approved on 12th June based on the last application submitted on 12th
    > December. Visas were mailed to the new address.
    >* 1st June 2002, got job in a company with 35 people on payroll, applied for status
    > change F1 to H1B on 20th June using premeium route.
    >
    >
    >In past too I went to similar cycle, now second time I am afraid whether INS will
    >approve this case or will ask further questions. Will I get H1 B second time?
    >
    >I have 2 more years for H1B to go.

I think you may have got lucky.

Let me look at it in different terms: On 11/21/01, you fell out of status of your
H-1B. On 12/12/01, you applied for a change of status to F-1. This could have been
really the critical place in your history, because you applied for a change of status
after you already fell out of status, if only by two weeks. INS used to forgive such
short lapses, but unfortunately they recently implemented a (ridiculous)
zero-tolerance policy. Today, even a single day out of status makes you ineligible to
change status. So you got lucky that INS approved the change to F-1.

INS also tightened regulations regarding changing to F-1 status, which in this case
could work in your favor: you are no longer allowed to start studying before the F-1
is approved. That means that you did not violate anything by not attending school -
yet. However, now that the F-1 is approved, you are supposed to start studying as
soon as feasible. Since you probably can't start school in the middle of a quarter
anyway, that shouldn't be a big problem, and I expect that your H-1B should therefore
be approved.

Don't worry about how erratic your status history may seem. INS only looks for
whether you complied with all the formal requirements, and whether you may be
suspicious in some way. I don't think you are.

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 29th 2002, 1:19 pm
  #3  
Forum Regular
Thread Starter
 
Joined: Mar 2002
Posts: 199
abcd is an unknown quantity at this point
Default Re: H1B to F1 and now back to H1B

Ingo,

You might be providing services on commercial basis, however by responding to my type of needy/nervous persons you are performing a great service to humanity. May you have a fulfilled life (Please allow me to go little emothional here.)

Oh yes, actually


*I was laid off on 11/27/2001 not on 11/21/2001.
* I already took admission in a summer class, 2 weeks prior of getting F1 approved (as there is not a full time admission possible in summer).


Thanks again
abcd is offline  
Old Jun 30th 2002, 5:20 am
  #4  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: H1B to F1 and now back to H1B

On 29 Jun 2002 14:20:07 GMT, abcd <[email protected]> wrote:

    >Ingo,
    >
    >You might be providing services on commercial basis, however by responding to my
    >type of needy/nervous persons you are performing a great service to humanity. May
    >you have a fulfilled life (Please allow me to go little emothional here.)

You are welcome, and I know how you feel. I've been in similar situations, filing
applications with a day to spare (in my case because of a lawyer messup) etc.

    >Oh yes, actually
    >
    >
    >*I was laid off on 11/27/2001 not on 11/21/2001.

Shouldn't make a difference.

    >* I already took admission in a summer class, 2 weeks prior of getting F1 approved
    > (as there is not a full time admission possible in summer).

In the eyes of immigration law, taking part time classes is the pretty much the same
as not taking any at all. But overall, I think you should be fine.

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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