H1b to f1 visa transfer

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H1B to F1 change of status process &#; []

22 Jun H1B to F1 change of status process &#; []

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You often hear people talking about changing from F1 to H1B status, and rightfully so. Because it is a common occurrence and a natural progression in ones immigration journey in the USA. However, there are situations in which one wants to change from H1B to F1 status. You are probably wondering why someone would forego the H1B status that is acquired after jumping through hoops like winning H1B lottery and answering RFEs.

Reasons for H1B to F1 change of status:

  • You want to take a break from the job and go back to college to get an MBA or a Masters or a PhD degree. Getting a degree opens the door to new opportunities and helps you move up the ranks in the organization or give you an opportunity to pivot to a new line of work. And you can convert back from F1 to H1B after completing your program without going through the lottery process again.
  • You are in the 6th year of H1B and your employer hasn&#;t filed the labor and I petition. You want to stay back in the US and earn a degree by going back to college.
  • Your H1B extension is at risk of denial or is already denied and you want to stay legally in the US by enrolling in a University.
  • You are laid off from your H1B job. If you are laid off, you will have 60 days to find another job or leave the country. You can also go back to school to get another degree by converting to F1 status.

Change of status from H1 to F1 involves two steps. You should secure admission and get an I from a SEVP approved school and then apply for a change of status from H1B to F1. You could use the help of a career counselor like skoolville.com for finding the right University and program. Soolville.com can suggest universities that best meets your requirements and that can issue I quickly.

In order to apply for a change of status from H1B to F1, you need to be in a valid status. Your current status should remain valid until at least 30 days prior to the start date of the classes listed on I You can start attending classes while your H1B to F1 status is pending with USCIS but you must remain in valid status until the COS is approved. USCIS processing times indicates that Change of Status petitions can take anywhere from 3 months to 9 months for approval. If you anticipate that your current H1B status expires before the COS is approved, you must file another Change of Status petition to bridge the gap between H1B expiration date and the class begin date. Please read the USCIS guidelines regarding change of status to F1 visa and consult an experienced immigration attorney to take steps to avoid being out of status.

Documents required for H1B to F1 Change of Status:

  • Copy of I from a SEVP approved school
  • I Sevis fee RECEIPT
  • Copy of passport
  • Copy of all prior H1B approvals
  • Copy of I
  • Copy of pay stubs
  • Financial Affidavit with proof of funds to cover the cost of education shown in I
  • Cover letter indicating the reasons for the change of status from H1B to F1.

You may also leave the country and get your F1 visa stamped at a US consulate to change from H1B to F1 status instead of applying the Change of Status while remaining in the USA.



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Sours: https://skoolville.com/blog/h1b-to-f1-change-of-status-process/

Change of Status From H-1B to F-1

August Network – July 11, – on Immigration and Visa

Recent changes in the U.S. Immigration laws have hampered the lives of many H1B visa holders. Moreover, due to COVID, the situation has turned out to be more difficult. Some businesses have been forced into shutting down resulting in layoffs of many such visa holders, which means the H1B visa holder has to find a new employer to sponsor his/her H1B in order to maintain a valid legal status in the United States.

What if you cannot find a new Employer Who Is Willing to Sponsor You?

“The good news is that you can extend your stay in the U.S. by getting your visa status changed from H1B to F1 student visa. This change will not only help you enhance your skills but will also provide you with enough time to decide what you want to do next while still staying in the U.S.” (1)

How You Can Get Your Visa Status Changed from H1B To an F1?

If you are in the United States in valid non immigrant status for a purpose other than to attend school and wish to change your non immigrant status (PDF) to a student status while remaining in the United States, you must meet the criteria below and submit an application with U.S. Citizenship and Immigration Services (USCIS) to change your status. 

In general, you may apply to change your non immigrant status while remaining in the United States if:(2)

  • you were lawfully admitted to the United States in a non immigrant status;
  • your non immigrant status remains valid;
  • you have not violated the conditions of your status; and
  • you have not committed any crimes or engaged in any other actions that would make you ineligible for change of status.

Degrees to Pursue

By far the most common option which individuals pursue while on H1B is either Master&#;s or PhD. We at August Network are here to help you navigate your educational and professional plans. From start to finish, we will guide you through the process of getting into the right program and help you get the most out of your international student experience.

Process of Transfer:

Until you receive notice of approval from USCIS, do not assume that your request to change your status (COS) has been approved. Before USCIS may approve your application, you must take the following steps if you meet the criteria above:3

Please note that you must maintain a valid nonimmigrant status (h1B in this case) while your Form I change of status application is pending with USCIS.

Timeline

As per USCIS processing times it usually can take anywhere from 3 to 8 months for a decision. You may attend classes while you are on H1B and your F1 status is pending with USCIS. It is highly encouraged to work closely with your school designated school officials (DSOs), to coordinate the timing of applying for change of status and enrolling in a course of study.

Documents Required for H1B To F1 Change of Status

  • Copy of I from a SEVP approved school
  • I SEVIS fee RECEIPT
  • Copy of passport
  • Copy of all prior H1B approval notices
  • Copy of I
  • Copy of pay stubs
  • Financial Affidavit with proof of funds to cover the cost of education shown in I
  • Cover letter indicating the reasons for the change of status from H1B to F1.

Applying for F1 Visa from Outside The United States

In case you must leave the country, you can also get your F1 visa stamped at a US consulate abroad to change from H1B to F1 status. Below are the steps involved. 

  • Apply to and receive acceptance from a SEVP-certified school.
  • Receive a new initial Form I from your DSO
  • Pay the I SEVIS fee
  • Apply at a U.S. consulate or embassy abroad for an F-1 visa to seek admission as a student
  • If you are from a country where no visa is required, such as Canada, you may proceed directly to a U.S. port of entry and apply for admission to the United States as an F-1 student.
  • Once admitted by an immigration officer in F-1 status, you may begin your studies.

References:

  1. https://www.stilt.com/blog//04/h1b-to-f1/2
  2. https://www.uscis.gov/working-united-states/students-and-exchange-visitors/students-and-employment/changing-a-nonimmigrant-f-or-m-student-status
  3. https://studyinthestates.dhs.gov/students/complete/change-of-status

Sours: https://augustnetwork.com/blog/change-of-status-from-h-1b-to-f-1/
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F1 to OPT to H1B - Change of Status

F1 to H1B

After graduating from an undergraduate or graduate program, many international students on F1 visa hope to adjust their status from F1 to H1B visa status. To change from F1 to H1B, students can either change directly to H1B or take the F1 to OPT to H1B path.

Many F1 students choose to participate in OPT (optional practical training) before applying for H1B. Engaging in OPT after graduating gives F1 students an interim phase where they can gain experience in their field of study while having time to search for an H1B sponsoring employer. However, F1 students may also apply directly for H1B from F1 status as long as they have found an employer to sponsor their H1B visa.

OPT

Optional practical training is a visa program that allows F1 students to work in the US for a 12 period. Upon completion of undergraduate or graduate studies, F1 students may either return to their home country or participate in OPT, allowing them to gain practical experience in their major area of study.

Eligible F1 students who engage in pre-completion OPT, post-completion OPT, or both, may:

  • Gain practical experience in their major area of study.
  • Start work after receiving EAD (Employment Authorization Document).
  • Stay and work in the US for 12 months
  • Apply for a 17 month OPT extension if they are STEM (science, technology, engineering, math) degree holders.
  • Convert to H1B visa status later.

H1B

F1 students can also apply for H1B visa after graduation or during OPT. H1B visa is a nonimmigrant visa program that allows US employers to hire foreign workers in specialty occupations, which are professions that require theoretical and practical application of specialized knowledge along with a bachelors degree or its equivalent.

H1B visa holders may:

  • Work legally in the US for a period of 3 to 6 years.
  • Gain practical and theoretical experience related to their field.
  • Bring their spouse and children to the US on H4 visa.
  • Travel in and out of US as long as valid H1B status is maintained.
  • Apply for permanent residency in the US, also known as green card.

F1 to H1B Change of Status

The following steps outline the procedure of changing status from F1 to H1B work visa.

Step 1: Find H1B sponsoring employer.
Whether you are applying for H1B directly from F1 visa status or from OPT, you must obtain a job offer from an H1B sponsoring employer in order to apply for H1B visa. The employer must be in good standing in order to demonstrate to the USCIS that the employee will be paid 95% of the prevailing wage of the occupation and that H1B workers will not have adverse affects on the work conditions of US workers.

Step 2: Timely filing of H1B petition.
USCIS has certain limitations on the number of H1B visas issued every fiscal year. There is an H1B visa limit of 65, visas under the general category and an additional 20, visas for those with a masters degree, doctoral degree, or higher. In order to successfully obtain an H1B visa for the following fiscal year, you must file your H1B petition on time.

Step 3: Have employer file your H1B petition.
After you receive an employment offer, your employer must file your H1B visa petition as 'Change of Status' on your behalf by the stated deadline. If your H1B visa petition is approved, you will be granted H1B status. You may start working on H1B visa status October 1 as instructed by USCIS.

Step 4: Check eligibility for cap-gap extension.
If you have filed an H1B visa petition and your case is pending you may be eligible for a cap-gap extension in which you are allowed to remain on F1 visa status where your work authorization and F1 status would otherwise expire until the H1B employment is approved.

For F1 students whose period of authorized stay expires before October 1 and do not qualify for a cap-gap extension must leave the US or they may lose their status. Upon leaving the US, students must apply for an H1B visa at a consulate abroad and enter the US on H1B status if the petition is approved.

F1 to H1B Application Process

The application process for F1 to H1B visa is the same as the regular H1B application process. Remember that only the H1B sponsoring employer may file your H1B petition. Your H1B petitioning employer must:

  • File an LCA (Labor Condition Application) with the US department of Labor.
  • Complete Form I, Petition for a Nonimmigrant Worker, and Form I H Classification Supplement
  • Submit all required supporting documentation as required per individual case.

For more information about applying for H1B status, visit our H1B Visa Guide.

Sours: https://www.path2usa.com/
H1B Process for Students in 2021! F1 - OPT - H1B Visa!!

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How to Get H1B Visa as an F1 Visa International Student

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