H1b Expert: Change of Status

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lanthus

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A friend of mine has got his H1B petition approved for this year.

Her H1B comes into effect by this October.

But She has already got admission for Jan 2010 with scholorship from school.

She has also got the admission from another school for fall 2009.

So if she wants to go to school on fall what she has to do?

if she wants to go to school on dpring 2010 what she has to do?

Since still she is in OPT right now, does she has to apply for change of status if she joins the school for this fall or if the college issues I20 before OCtober 1st, does she need to apply for COS?

Is it necessary for her comapny to ask USCIS to cancel her H1b?

If so how long will it take?

During that period, can she attend the college?

What is the chance of rejecting the cancellation of H1b if applied before Oct. 1st.

Waiting for your resposes.

Thank you in Advnce.

lanthus

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no resposne from any expert so far....

waiting for responses....

thanx

Free H1B

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So if she wants to go to school on fall what she has to do? she has to apply for COS and I believe she won't be able to make it for fall.

if she wants to go to school on dpring 2010 what she has to do? she has to again apply for COS

Since still she is in OPT right now, does she has to apply for change of status if she joins the school for this fall or if the college issues I20 before OCtober 1st, does she need to apply for COS? till Oct 1st she is still in F1 but on Oct 1st she will be automatically in H1B. Getting I20 doesn't matter. Anybody can get either in H1/H4/J1/J2/B1/B2 etc but what it matters is when INS approves your I20 (or COS) then you will be in your designated status.

Is it necessary for her comapny to ask USCIS to cancel her H1b? you can do by yourself but it is better if your company does it.

If so how long will it take? it depends. anywhere from 1 month to 4 months.

During that period, can she attend the college? during that period which means....she will be in H1.....H1 can attend college anytime they want.

What is the chance of rejecting the cancellation of H1b if applied before Oct. 1st. time is preety bad these days. nobody can predict what will happen next. If properly applied with good attorney....it seems there is less chance of denial at your case.

Waiting for your resposes. these all judgement are based on my old experience. please wait for more respose or consult good attorney without wasting time.

Thank you in Advnce. np

dipulata

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hi Lnathus,

I was in my international student advisor office yesterday. I asked about u'r friend situation. He said. there is no need to apply change of status if she decides to go to school. Unless she doesnt miss any time period on going back to school.( a person acting as if his/her h1 never approved and continuing f1 status). he explained if she keep maintaing f1 status (continue school after opt) her Sevis record would never get canceled and her h1 status will cancel automatic. because a person can stay in only one visa status in usa. I hope this help. pls. do more research. But I think if u'r friend decide to go school and dont start working after oct 1st she should be fine.

lanthus

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any more suggestions please...

MagicMushroom

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Why don't you just ask an immigration lawyer instead of searching for an answer here? WTF why are you jeopardizing your friends status by asking it here? are you going to read and follow what people tell you here? you surely can't be that cheap as to not want to spend 180 bucks or 90 bucks per hr to take a lawyers advice?

lanthus

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Thanx to all..

and magic mushroom.....

since every body here gets the good suggestions about anything, so i posted this thread.

if you do not want to answer, they why do u bother about it...

u dont need to suggest me what to do and what not to....

mind ur own business.....

i have put this question so that immigration experts will give their honest views as they have been doing regularly....

please do not use such offensive words...

any ways thanx dude....

MagicMushroom

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my only concern is how do you verify who is an immigration expert and who is not? do you blindly follow anyone who puts up a well constructed suggestion regarding your question?

dipulata

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yeah thats true, look at my previous posting I not only gave you the answer from valid source (my international advisor) but also suggested to do more research. So its always good to seek ideas. Anyways I was gonna tell u to get lawyer from www.trackitt.com. you can speak with the lawyer for 20 min for 45 dollars or get an email answer for 9 dollar per email.

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