Chaning status from F1-H1B and maintaining F1 Status.

ahmed1111 · May 9, 2007, 04:57 PM

Hi this is ahmed even I aply for H1b visa and I selected in lotrey I complted one semiter and and consultany told to b in status till ocotober I'm going to tranfer to some institute like kaplan where we can b in status tell we get h1 papers I'm planing to join kaplan from september for one month. So even you can joing the Kaplan classes where you can b in status and you no need to travel to india.

dwsolomonm · May 11, 2007, 01:41 AM

Quote:

Originally Posted by tarapatil

I got my H1B approved through a Company and Currently I'm on F1 Visa doing my MS , I have a Gap of 20 days between my F1 and H1B ,please find the details below.

By May end I would be completeing my second semester and have to register for 3rd Semester (Fall Semester) by 10th Sept ,2007 ,I'm planning to discontinue the studies for some personal reasons and as I got my h1b approved this year which is valid from 10/01/07 for three years I'm planning to take up full time work from october.

According to the Internation Student Center in school,I need to register for the fall semester otherwise I would run out of status from 10th sept to 30th Sept,07 ,I heard that there would be grace period for the students who are on OPT ,in my case I still have two more semester to complete the graduation and I'm not on OPT.

I do not want to register for the next semester ,in this case do I need to travel out of country for these 20 days or is there any other option open to be in status within USA ,I'm not sure what would be the Consiquences if I ran out of status.Seeking your suggestion in this regard .Please guide me.

Thanks & Regards
Tara

IF you go out of status for sure you would become an illegal allan. And to remain her and trvel back and forth you would need to become a legal resident. But if you got out of status and decided to leave you would'nt be able to re enter the country because you would commuted a serious crime according to immigration policies which would suspend your ability to re apply for and visa for a numbers and you would have to serve. What I call punishment time in you country before you are considered considered so. Then if you go out of status here in the usa. It becomes complicated. There real is'nt anything you can do but to fallow the guide lings to stay current the way you have bin doing. Or face being illegal and having to get sponsored by us citizen relative.or go back home and not be able to return for some time for violating your visa and I hear it could take up to five years before you can re apply for a visa to come back to the states.be careful

naren82 · Jul 3, 2007, 01:52 PM

Hi tara even I have same situation as yours . I have changed my status from F1 to H1B.
I just want to know what are planning to do. Is there any application form we can submit.
Can you check USCIS Home Page the form i-539. Please let me know urgently. Thank You
Naren

fkjn · Sep 12, 2007, 05:16 PM

I also have the similar situation. Now I am out of status and in the time gap. Since it's too late to register for Fall now, my lawyer suggests that in 180 days from the day I'm out of status, I can go to Mexico or Canada to apply for H1 visa on my passport and come back to US again. Good luck.

jeantoufic · Sep 14, 2007, 09:45 AM

Quote:

Originally Posted by tarapatil

I got my H1B approved through a Company and Currently I'm on F1 Visa doing my MS , I have a Gap of 20 days between my F1 and H1B ,please find the details below.

By May end I would be completeing my second semester and have to register for 3rd Semester (Fall Semester) by 10th Sept ,2007 ,I'm planning to discontinue the studies for some personal reasons and as I got my h1b approved this year which is valid from 10/01/07 for three years I'm planning to take up full time work from october.

According to the Internation Student Center in school,I need to register for the fall semester otherwise I would run out of status from 10th sept to 30th Sept,07 ,I heard that there would be grace period for the students who are on OPT ,in my case I still have two more semester to complete the graduation and I'm not on OPT.

I do not want to register for the next semester ,in this case do I need to travel out of country for these 20 days or is there any other option open to be in status within USA ,I'm not sure what would be the Consiquences if I ran out of status.Seeking your suggestion in this regard .Please guide me.

Thanks & Regards
Tara

Tara,

I do not understand how you would be out of status and you have been already approved for the H1B visa. But, for the worst case scenario, just register for the fall semester and do not attend the classes. Although, you would have to pay for the tuition and this might be a problem for you, but I guess will be the best option you could consider. The immigration rules are so strict nowadays and you do not want to take a chance.

Ramakrishna12 · Sep 4, 2008, 04:52 PM

Hi Tara,

Please let me know what you did last year for your situation. I am in exact situation as you. I got my H1B approved and starts from oct1st and my fall semseter starts from sept10th, which I do not want to register due to fees being very high.

It would be a great help, if you let me know what you did last year to resolve your issue!

Thanks in advance

cooldude41 · Jan 8, 2009, 05:09 AM

F1 to H1B Cap gap isssues was resolved after new rule was implemented last year. So, if H!B visa is under process, then you can continue working even thought you have gap between OPT and H1B visa start date. I found info on visa transfer F1 to H1B useful.
You can refer to USCIS for more details on cap gap OPT rule.

arstocat · Mar 11, 2012, 07:43 PM

Hi, I'm on same situation I think the best way for being legal is to register in community colleges as their tuition is much lower than Universities.

my visa label in my passport is expired, but the stamp of I-94 is DS (during study) means I can stay in US as long as I study. do you know that; is it necessary I leave the US If my status change to H-1?

sunny87 · Jun 5, 2012, 02:31 PM

Hi,

I am doing my masters on f1. Still dint graduate. I dint do any CPT. I have a sponsor for h1. Can I process my h1 and continue masters ?

Chaning status from F1-H1B and maintaining F1 Status.

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