H1B to F1 to H1B

[jdsan]

Hi All,

 

my H1B is valid till Sep 2015 (used  2 years of H1B), now I am planning for Masters. I am not able to change my visa status (COS) within US, I am going to India to apply for F1.

 

If I apply for F1 in India, Is it considered as COS? If not, is there any way I can do it? (like do I need to fill in any forms similar to I-539 while attending visa interview?

 

If my F1 gets approved, after graduating will I be able to use the remaining term of my H1B?

Thanks to jairichi, that I got to know that if we do COS then we should be able to get back H1B without going for lottery, but I am going to India to get my F1, so does that apply in my case?

 

Please help guys, I do not have much time left 

 

Thanks in advance !

[jairichi]

First, any reason why you cannot apply for a COS to F1 by being in US? A COS is only when it is done in US. If you are approaching an US consulate for F1 visa then you need to fill form DS160, pay visa application fee and book appointment for biometrics and visa interview. Check corresponding US consulate website for information.

Yes, even if you take this route and finish your studies you will be considered cap exempt for H1B as long as you have not reached the max allowed stay of 6 years on H1B.

[jdsan]

Thanks jairichi.

 

The reason why I am not able to apply for COS in US is, my university said that the I20 issual process varies depending on whether I apply for COS in US or apply for F1 outside US. The I20 process for changing within US takes long time and they cannot issue it for the coming semester, even If I get issued I20, they say that the chance of denial for COS would be high.

 

So I have to travel to India.

[jairichi]

Thanks jairichi.

 

The reason why I am not able to apply for COS in US is, my university said that the I20 issual process varies depending on whether I apply for COS in US or apply for F1 outside US. The I20 process for changing within US takes long time and they cannot issue it for the coming semester, even If I get issued I20, they say that the chance of denial for COS would be high.

 

So I have to travel to India.

An university can issue an I-20 in no time. A COS takes around 3 to 4 months.  You applying for a COS to F1 depends on which intake you are applying for. It is not possible for January intake but possible for enrolling in any intake after that. Till then you can stay on H1B.

[JoeF]

Thanks jairichi.

 

The reason why I am not able to apply for COS in US is, my university said that the I20 issual process varies depending on whether I apply for COS in US or apply for F1 outside US. The I20 process for changing within US takes long time and they cannot issue it for the coming semester, even If I get issued I20, they say that the chance of denial for COS would be high.

 

So I have to travel to India.

 

That is bogus.

The only issue is that the COS itself takes some time. Issuing an I-20 is quick, once the person is accepted at the university.

And the chances for COS denial are the same as for denial of an F1 visa.

If the institution is legitimate, i.e., a real university and not one of these fraud institutions that unfortunately exist, it shouldn't be much of an issue.