H1B - F1 Option after 7th year

[nthaccker]

Hello,

 

Appreciate any help that can be provided : 

My situation : 

 

October 2012 : Employer Filed for PERM 

January 2013 : PERM DENIED 

                        As the PERM was filled in the 6th year lawyer suggested to file a new petition as the 

                        denial came within 3 months 

April 2013 : New PERM filed 

 

NO news so far : 

 

My 6 years on H1B complete Oct 01st 

 

What is the best course of action for me ?

 

Should i go to F1 or B1 or should i just pack-up and go back 

 

Suppose by Gods grace my I140 gets approved - How easy/complicated it is to get back from F1 / B1 to H1B and file for extension 

 

Appreciate any suggestions 

 

Thanks

 

 

[pontevecchio]

The best course is to see if you have any time remaining based on vacations outside the country or you should leave and once the PERM is pending 365 days or the I-140 is approved whichever is earlier you can have a H1 petition filed and come back.

[rahul412]

F1 after 6yrs of work on H1 is very difficult unless and until that school is very well reputed.

[nthaccker]

Thanks a lot Pontevecchio, Rahul412

 

Nope i don't have any time to recapure - so Oct 1st is "the" day.

 

Rahul - why F1 can be difficult  .. any reasons you aware of will be helpful because My company lawyer said you can easily swtich over ... Although i am aware that i will be taking a chance... but hey got to do something to prolong my stay here ..

 

My biggest concern is even after taking chance with F1  - Can i COS from F1 to H1 ; once I-140 approves ??

 

Please advise

 

thanks

[rahul412]

Rahul - why F1 can be difficult  .. any reasons you aware of will be helpful because My company lawyer said you can easily swtich over ... Although i am aware that i will be taking a chance... but hey got to do something to prolong my stay here ..

 

My biggest concern is even after taking chance with F1  - Can i COS from F1 to H1 ; once I-140 approves ??

It's clear here that you are taking F1 program just to stay in US not to get a degree.

 

F1 is issued for a person considering that he/she will leave US after graduation, but you have already worked in US for 6 yrs which clearly says that you will stay after graduation.

 

Just do what @Pontevecchio said. Please don't abuse F1.

[JoeF]

Thanks a lot Pontevecchio, Rahul412

 

Nope i don't have any time to recapure - so Oct 1st is "the" day.

 

Rahul - why F1 can be difficult  .. any reasons you aware of will be helpful because My company lawyer said you can easily swtich over ... Although i am aware that i will be taking a chance... but hey got to do something to prolong my stay here ..

 

My biggest concern is even after taking chance with F1  - Can i COS from F1 to H1 ; once I-140 approves ??

 

Please advise

 

thanks

You can NOT just sign up with a university.

Universities have deadlines. At real universities, the deadlines for application for Fall Quarter 2014 are coming up.

What would you do until then?

Forget this changing to F1 stuff. It is not going to work.

[nthaccker]

Rahul412, 

Yes - absolutely F-1 to stay in the US AND also to get an advanced / another MS which will further help in my Job :) .

I already have a Masters from here .... 

My question to you is :  Once i go to F1  - Can i COS from F1 to H1 ; once I-140 approves . What are the chances ? Forget the abuse and no abuse part --- because with your flawed logic you are implying that everyone who does an MS should go back to India immediately .

 

Joe F: 

I already have I-20's from 2 Universities for FALL 2013 ( academic calendars start late) -- I have to decide if to apply for COS Or not ... Can you please let me know on the possibility of F1 to H1 after / in case I-140 approves . Any insight on that issue ?

[rahul412]

What are the chances ? Forget the abuse and no abuse part --- because with your flawed logic you are implying that everyone who does an MS should go back to India immediately .

 

Like I said earlier, what you are doing is not good to you.

And yes, according to rules F1 student has to go back after studies. Now I have explained you about the "FLAWED LOGIC", and now you can  guess your chances. If you believe that I am wrong then do whatever you like.I am not the only one telling you that you are wrong.