marlinster

Hi,

I am probably taking a backward step here but I need to switch from an H1b visa to an F1. I am starting a Ph.D. in August and want to know if it is necessary to leave the States whilst applying for the new status? In addition can I continue to work on the H1b whilst the new visa application is being processed?

Any other helpful tips would also be appreciated,
thanks,
Richard

Johnmail

How much more time do you have left on your H1B ? Do you have enough time on your H1B
to cover the duration of the PHD ? Don't forget that H1B can be extended for 3 more
years after the first 3 years.

I would maintain my H1B status (can always change later) since is allows me to work
legally. I would also WORK (employement) while doing my PHD. The F1 allows for
employment on-campus only

"marlinster" <[email protected]> wrote in message
news:[email protected]...
    > Hi,
    >
    > I am probably taking a backward step here but I need to switch from an H1b visa to
    > an F1. I am starting a Ph.D. in August and want to know if it is necessary to leave
    > the States whilst applying for the new status? In addition can I continue to work
    > on the H1b whilst the new visa application is being processed?
    >
    > Any other helpful tips would also be appreciated, thanks, Richard
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

Ingo Pakleppa

On 22 Apr 2002 16:30:02 GMT, marlinster <[email protected]> wrote:

    >Hi,
    >
    >I am probably taking a backward step here but I need to switch from an H1b visa to
    >an F1. I am starting a Ph.D. in August and want to know if it is necessary to leave
    >the States whilst applying for the new status? In addition can I continue to work on
    >the H1b whilst the new visa application is being processed?

You can continue to work as an H-1B as long as you are an H-1B. That is, until your
F-1 is approved. You MUST work as an H-1B until the requested start date of the F-1
(August in your case).

You can apply for change of status within the US. However, keep in mind that INS just
issued new regulations that, as far as I know, are already in effect. You no longer
can start studying until the F-1 is approved, and while INS promises a 30 day
turn-around time, in reality it can well be a year.

So leaving the US and getting an F-1 visa may be the best thing. It would also
make it very clear when you would have to stop working on your H-1B: the day you
leave the US.

As an F-1, you would only be allowed to work on campus; as an H-1B, you could not
work on campus but only for the sponsoring employer. This may make the F-1 more
beneficial because many Ph.D. programs *require* you to work on campus as a teaching
or research assistant.

    >Any other helpful tips would also be appreciated, thanks, Richard

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).