H1 to F1

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ocinboy

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What is the process to change H1 to F1 how long it will take...

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mech

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Folks,

Ocinboy's condition is :)

He used to be F-1 Student till October 2008

He got the Mega ball in 2008 H-1B lottery and got H-1B.

He was happy with his job but not any more. .. there is more tension of being laid off 'ANYTIME"

So what he wants to know is how to find a cheap college that issues i-20 and how long it may take...

Share if you or the one you know went through similar situation.

nepali2877

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I am the recent victim of H1 to F1 and got denied. There is a valid reason for denial. However, I have learned a lot especially what all are required and processing methods and all. THought I would share my story who are in same situation of H1 to F1 and right way of doing it.

Usually H1 to F1 is more likely or easy task if applied on time with complete documents.

Following documents are needed
1) Fill the form I-539 find online on USCIS website
2) Payment to USCIS the fee is $300 ( last time I applied)
3) Original I -20 signed by International student advisor and clearly indication of SEVIS bar code
4) Original I -94
5) Copy of passport Pix page and info page
6) Copy of passport visa stamping if any ( for H1B)
7) Recent paystub (last 3 - 4 ) transactions if not working in between need Leave of Absence or some kind of letter from Employer.
8) Most importantly bank statement showing enough money to cover at least whats mentioned on I-20
Usually the best is to show more than what is shown on I-20. For example , If I -20 says $16000 / year I would want to have at least $20,000. If I showed just enough ( eg. $17000) then they would ask me to show last few transactions just to show there is consistency over those balance.
9) Need to pay SEVIS I-901 fee at online https://www.fmjfee.com/i901fee/. and provide the copy of payment.

Once u get the I-20 you should immediately apply for change of status. I would say about 3 months before the classes start. IT's good to apply early even though you can continue or start classes while the case is pending. But who knows if case is denied or so. USCIS normal or maximum processing time for this is 2.5 months if documents are completed. Otherwise there might be RFE or so and it will lengthen the processing times.

Hope this helps.

Thanks
Y

Last edited: 21-Oct-09 01:44 PM

Last edited: 21-Oct-09 01:45 PM

pyaradeshbasiharu

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Hey nepali2877,

Why was your transfer denied?

juxtapositions

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Question to nepali2877

You mentioned that your change of status from H1 to F1 got denied. So, what kind of Status do you have? Do you have any status as of today or (sad story) out of status?

Sorry to ask you because my friend also has same situation. He applied for F1 recently and what happens if it gets rejected. Every one said that if that happens he'll be out of status. So last option would be to file for asylum.

What a waste.

Free H1B

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One of my friend also got denial letter today.....he is planning to consult attorney.

ocinboy

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I have got paid till last month I mean September ..

ocinboy

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Hussin_Khan bro kasle K kura lukayo...if u have any information u can share..or any query can ask ..

pyaradeshbasiharu

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ocinboy,

Hmm..Normally USCIS gives you 20-40 days to fix ur status(i.e when employer-employee relationship has terminated)..But there is nothing explicitly mentioned in H1B rules on how many days u get...It states when the aforementioned relationship ceases to exist, u r out of Status..Please consult a qualified attorney regarding ur transfer..

nepali2877

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Reason of denial >
They asked bank statement for last four transactions obviously last four transaction were not consistent with each other. Recent bank statement being the highest.

I am in the transitional phase of getting ready to leave the country. I got 30 days to leave the country. If I can get my H1 reinstate in this period than I will go back to H1 otherwise goin back to Nepal first or second week of November.

pyaradeshbasiharu

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"If I can get my H1 reinstate in this period than I will go back to H1 otherwise goin back to Nepal first or second week of November."

Sorry to hear that nepali2877..But inorder to do H-1 reinstatement , u have to have Job..

Definitely the wisest thing to do is to Leave for Nepal, if u find a Job come back to US in H1b again..

nepali2877

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Yes pyaradesbasiharu, you are absolutely correct. I mean to say I am also working on getting my old job back. Prolly I would end up going to Nepal anyway coz u know it's hard to get the job right away especially in this economy , ya.

rmxyz

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Sorry to read this Nepali2877 but this is not our country and you and me not so lucky to get DV lottery.

Anyway Good Luck for future.

hemu

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Good luck to everybody who is transfering from H1 to F1. But my suggestion since lots of guys are denied i guess some proper procedure is missing. I suggest consult with lawer before filling. Or you could even talk to the International student advisor or University lawer. I guess they better know the process.

ocinboy

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Thanks yar I am just thinking coz situation is not good just need some good suggestion through sajha..thanks every one..all the best for everyone..

dipulata

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My friends h1 to f1 was also denied. the denial letter said Mr. X has been working on valid H1 visa since X many years so the reinstatement request cant be approved.

after that we did a lot of research cause my friend had a valid job, paystubb and every single documents needed. Later we found that the international advisor requested for reinstatement of f1 status ( reinstating the same old sevis no.). my friend finished his undergrad and worked in h1 for 2 years. Now how can the reinstatement be possible if someone has changed from valid f1 to h1 and now again back to f1? reinstatement is only for those who failed to maintain f1 status by not attaing school the entire semester and bla blah.

In short make sure you apply for renewal of f1 visa (with new sevis id) and not the reinstatement if you have been in f1 and then h1 and now trying back for f1 again. rest of the documents is all crystal clear. good luck

ocinboy

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I am still confused do need to apply as fresh student here is my condition I came here in f1 got h1 worked one year now I wana go back to f1.

dipulata

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just make sure when you apply for the I-20 you have a new sevis no on that I-20(renewal)

reinstate= for someone who didnt maintain f1 status by not attending school for a semester and now wants to come back to f1 ( reinstating the old status has old sevis no.)

Renewal= for someone who changed from f1 to different valid visa status and want to come back to f1 again (renewal of f1 status comes with new sevis no.)

ocinboy

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So I have to everything like bank statement..I 20 thing and get new sevice right..Can I used bank statement of Nepal ..

ocinboy

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I have h1 but I didnt stamped H1 stamping my pasprot. Does it make any different..

nepalisajha

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nepali2877:

So what have you done? Did you manage to get your F1 status somehow? If so how did you do it?

Could you please reply soon to my below questions:

1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?

2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?

3) What is the success rate of going back to home country and re-applying for F1 visa?

Please share your knowledge. Thank You!

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