H1B to F1 and back again to H1B

[john_bro]

Hi All,

I work for employer A and am being asked to work extra hours consistently and different locations without overtime because I am on salary (minimum H1B salary for 3 years and no rise). They have been doing this to me for more than 3 years now. I am unable to change jobs because I am so loaded with work. This is not consultancy, so I am afraid if I dont work up to their asking they will fire and revoke H1B then I have to go to India in 7-10 days, right? (please answer this) . I was wondering that if I can change to F1 and take a break and apply for new job as student and then come back on H1B. I want to know how the procedure is to do this. 1) How long and fee to change to F1. 2) If coming back to H1B I would be subject to cap again?

Thanks much

[JoeF]

You apply for a degree program at an accredited university. You get the paperwork for you to fill out from the university. If you are accepted, the university will issue an I-20 to you.

With that I-20, you file for a change of status to F1, using form I-539.

Make sure that the university is accredited. There are a bunch of non-accredited diploma mills around, which try to lure people with "low fees", "work permit", "quick I-20", and similar stuff. Stay away from such diploma mills. Signing up with such diploma mills would kill your career in the US, and you'd just waste your money for a worthless piece of paper.

[john_bro]

Thanks much JoeF ... I appreciate it.

1) How long does trnasferring to studnt take. 2) And coming back to H1b after a few months would it be subject to cap?

[inafixkiddo]

Hi All,

I work for employer A and am being asked to work extra hours consistently and different locations without overtime because I am on salary (minimum H1B salary for 3 years and no rise). They have been doing this to me for more than 3 years now. I am unable to change jobs because I am so loaded with work. This is not consultancy, so I am afraid if I dont work up to their asking they will fire and revoke H1B then I have to go to India in 7-10 days, right? (please answer this) .

The moment they send your h1b for revocation, you go out of status. However, there is still no clear timeframe as to when USCIS actually revokes it. So given the mailing delay, you are likely to have about 2 weeks to leave the country.

I was wondering that if I can change to F1 and take a break and apply for new job as student and then come back on H1B. I want to know how the procedure is to do this. 1) How long and fee to change to F1.

You can do this. Its important to first identify the university you want to apply. Usually, there is a spring term and a fall term where majority of applications are accepted. Each university has its own deadlines. After applying, if you get accepted, then the school furnishes an I20 with which you can apply for a COS to a local USCIS office. Not sure how much the fees would be for a COS. You also need to pay the SEVIS application fee to get into the SEVIS database. The school provides you the info to do this. I remember that the fee is around 100 dollars. Once the application is approved (typically takes 1-2 months) you are free to leave the H1b employer and officially your start date at the university would be the start date on your I20 application.

2) If coming back to H1B I would be subject to cap again?

You will not be subject to CAP unless you have used up your 6 years on your H1b.

Thanks much

[john_bro]

great information. I thank you much. hope i can help you guys someday!

PS: I am getting on F1 asap. I cant take the work load anymore (work almost 60 hrs a week) and my salary comes to $17/hr. I have Masters. Got it off my chest

[inafixkiddo]

All the best john_bro. I hope you get destressed and get into something you like.

[testvisauser]

The only issue I see is that you have been working on H1 for 3 years and now want to switch to F1 which does not allow immigration intent. How can you prove that you will not stay back after you are done with your school? Clearly as you admitted, you are using F1 as to take a break from the hectic work schedule.