H1 to F1; I-140 not filed

[hollywood84]

Hello all,

 

I'm seeking expert advice on the following situation:

 

Background -

 

1. Came to US on F1 and completed bachelor's degree.

 

2. On H1-B since October 1, 2009 - EVC model at first and then EC model - not a single day on bench, paid in full and on-time

 

3. Traveled outside US for the first time on May 31, 2013 (Total time on H1-B = 3 years, 8 months)

 

4. H1-B stamping put under 221-G; petition sent back to USCIS stating reason that petitioner is not providing lawful employment. Bottom line, no point to continue with the current petitioner. I'm asking my employer to get the petition withdrawn.

 

5. I-140 has not been filed.

 

6. GC is not a priority considering the tremendous backlog for India.

 

7. Priority is to get a really good master's degree for personal satisfaction, sense of achievement and career advancement.

 

So my questions are:

 

1. What are my chances to apply for an F1 visa based on a master's programme from a genuine top 10-20 schools in the US.

 

2. I'm looking to apply for a master's for 2015-16 session. I'd have given myself enough time gap. Would that improve my chances?

 

3. Assuming everything goes as planned, would I be counted as cap-exempt? I believe if someone spends at least 1 year outside; the clock gets reset. But I'm not sure if that is valid during the initial 6 yrs.

 

I'm aware that if I-140 has been filed, "immigrant intent" has been shown and going back to F1 through consular processing is not guaranteed. It may be possible while someone is in US, by applying for change of status. However, that is not applicable here as I'm outside of US.

 

I appreciate everyone's time. Hoping to hear from the experts.

 

Thanks,

H84

 

 

 

 

[jairichi]

Hello all,

 

I'm seeking expert advice on the following situation:

 

Background -

 

1. Came to US on F1 and completed bachelor's degree.

 

2. On H1-B since October 1, 2009 - EVC model at first and then EC model - not a single day on bench, paid in full and on-time

 

3. Traveled outside US for the first time on May 31, 2013 (Total time on H1-B = 3 years, 8 months)

 

4. H1-B stamping put under 221-G; petition sent back to USCIS stating reason that petitioner is not providing lawful employment. Bottom line, no point to continue with the current petitioner. I'm asking my employer to get the petition withdrawn.

 

5. I-140 has not been filed.

 

6. GC is not a priority considering the tremendous backlog for India.

 

7. Priority is to get a really good master's degree for personal satisfaction, sense of achievement and career advancement.

 

So my questions are:

 

1. What are my chances to apply for an F1 visa based on a master's programme from a genuine top 10-20 schools in the US.

 

2. I'm looking to apply for a master's for 2015-16 session. I'd have given myself enough time gap. Would that improve my chances?

 

3. Assuming everything goes as planned, would I be counted as cap-exempt? I believe if someone spends at least 1 year outside; the clock gets reset. But I'm not sure if that is valid during the initial 6 yrs.

 

I'm aware that if I-140 has been filed, "immigrant intent" has been shown and going back to F1 through consular processing is not guaranteed. It may be possible while someone is in US, by applying for change of status. However, that is not applicable here as I'm outside of US.

 

I appreciate everyone's time. Hoping to hear from the experts.

 

Thanks,

H84

1, Should be fine. It is based on documentation and ability to convince VO.

2. Might be.

3. Clock will reset only if a cap subject H1B petition is filed after being outside US for 365 days. Or else you get the remaining years.

[rahul412]

3. Assuming everything goes as planned, would I be counted as cap-exempt? I believe if someone spends at least 1 year outside; the clock gets reset. But I'm not sure if that is valid during the initial 6 yrs.

What is cap exempt for F1 status?? So you are thinking of H1 not F1.

So how will you convince VO during the interview that you will come back after your master's degree??You already showed you won't because you worked on H1. If you have answer for this question, then you are good to go.

[hollywood84]

@ jairichi

 

Thanks for the advice.

 

@rahul412

 

Thanks for the advice.

 

I was asking about post F1 scenario. I have no intention to misuse F1 in any way. My plan is to complete a full time master's from a top 10-20 school. What happens after that is not crucial at this stage. I was just trying to understand the cap-exempt rules for my scenario. Yes, the VO will see that I had earlier worked on H1 but that is because the opportunity presented itself. I-140 has not been filed for me. Further, I'd have stayed away from H1 for about 2 years. I agree it is a tough sell but I'd very much want to get an advanced degree.

[rahul412]

I was asking about post F1 scenario. I have no intention to misuse F1 in any way. My plan is to complete a full time master's from a top 10-20 school. What happens after that is not crucial at this stage. I was just trying to understand the cap-exempt rules for my scenario. Yes, the VO will see that I had earlier worked on H1 but that is because the opportunity presented itself. I-140 has not been filed for me. Further, I'd have stayed away from H1 for about 2 years. I agree it is a tough sell but I'd very much want to get an advanced degree.

Like I said before, If you can convince the VO then you are good to go.