Coming back To US after H1 to F1 Transfer

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I am right now in H1 visa, and working but i want to go to school ( the same school I have studied before ) from next Fall 2010 August,  I have called my school and they said I have two options, 1. change of status living here and go to school from august but I should be working upto august for that 2. I can just go back to Nepal with my new I20 and just come back with New I20 and that will automatically changed my status to F1  But the confusion is, I have valid F1 visa upto 2011 august because I never went back to Nepal in my h1 visa for stamping so I go back to Nepal right now and live there few month and come back here in August with my new I20  Do i have to apply for new Student Visa or My old F1 visa that is valid upto 2011 August will work? I have big hope I would be getting serious reply as I know at least few people have gone through the same problem I have right now.  Thanks alot

gc1488 · Feb 18, 2010 2:58 PM · 14,638 views

5 Replies

ur status has changed, so u need to apply/get visa.

V2001 · Feb 18, 2010 6:57 PM

I have also same situation and I am same phase....still confused...

chiya_tea · Feb 18, 2010 7:03 PM

This is what i found in Murthy.com It might help you guys a lit bit. Client:   I am currently on H1B and going to transfer to F1 visa. just wanted to know if my transfer gets approved from USCIS, is it necessary for me to leave the country for stamping or I can still live on F1 status without stamping. I would really appreciate if somebody could help me with this. Attorney:   you do not need a valid visa to be in valid status in the U.S. In addition, if you travel to Canada or Mexico, you may be eligible for automatic visa revalidation so long as you had a valid nonimmigrant visa when you initially entered the U.S., has maintained your status, was absent from the U.S. for 30 days or less, has a valid passport, and is admissible otherwise. In that case your visa would be extended and converted to the new category for which you had your change-of-status application approved. However, when you travel to other countries, you would still need to apply for a new visa to re-enter the U.S. Regards.

nissan2006 · Feb 18, 2010 7:45 PM

Still dint get the answer from the someone who actually did the way I needed. I know many who went to f1 from H1 but dont know whether they went back to nepal and come back or not?  If they did, did they apply for new visa or used the old one?

gc1488 · Feb 19, 2010 12:08 PM

I've seen 2 options though i'm not a lawyer, so do some more research. Either u need to change your status from H1B to F1 here inside, or Leave US and come back fresh with new F1 visa (new I-20). The old one doesn't exists any more since it already got changed to H1B. You need to leave the country within 60 days. And make sure you will not be in the status next day you leave your job so got to be careful, and should talk to the employer about the scenario just to bridge the gap. Regards.

nissan2006 · Feb 19, 2010 12:24 PM

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