visa query! need advice!!!

[indianstudent]

---

Members do not see this ad.

I am a doctoral student in Oral Biology, i am planning to work as a post doc for 2 years before going for residency. I would like to know whether its possible to go from F1 to H1B and then go back to F1 again. For getting the second F1 do i have to go to India (US embassy) to get it ot will it be processed in USA.
please help!!!
Thanks
Lavan.

 

[aphistis]

Moving to International.

 

[SiMpLy IrReSiStAbLe]

I am a doctoral student in Oral Biology, i am planning to work as a post doc for 2 years before going for residency. I would like to know whether its possible to go from F1 to H1B and then go back to F1 again. For getting the second F1 do i have to go to India (US embassy) to get it ot will it be processed in USA.
please help!!!
Thanks
Lavan.

Hi!
Generally when u are on F1, at the end of the program you are allowed 1 year OPT(optional practical training)( not sure how it works for 2 years, u might want to check with ur school officials if there would be a possibility to get an extension on that). and then if u want to take up any other course and u get into a school where they issue an I20, then u generally do not need any other stamping, u are legally fine to stay in the US. But if you need to to travel out of the country then in order to be able to re-enter the US u will have to get another stamping in your home country or any other country.(they say it is preferable to go to your home country).
good luck

 

[BlueToothHunter]

F1 is a student visa with no immigration intent. If you applied for H-1B and then for green card soon after, then you won't be able to apply for another F-1 ever again. (Your non-immgration intent became non-existent.) You would have to wait until you get your green card (via H-1B) and then you can do whatever you want.

 

[tweetybird]

hey Lavan

It is possible to convert from H1 back to F1 from within the country. YOu need to file for a COS (change of status) application for that. However, if while on H1, you file for our greencard, you may not be able to go ahead with the COS or you may have to withdraw your GC petition.

About OPT, since DDS and PhD are doctoral level programs, you may not be eligible for a second OPT after your DDS, if you have used your one year of OPT following Phd. (IF DDS is a bachelors level program....chk with an attorney if you are eligible)

Bottom line is COS from H1 to F1 is possible from within the US. YOu need to get your passport stamped with your most recent status if you ever travel outside the country, after the COS is approved.

 

[Sexydentist]

Hey guyz,

I have a question i'm on an F1 visa and will be graduating in january 07'.....have applied for my opt .Got into dental school now so i guess my second F1 will start in april ....i would have used only 3 months of my opt ...will i not be eligible for my opt after my DDS again ...should i cancel my opt now ....or use 3 months and wht ???????????🙄 🙄

Please advice

sd

 

[indianstudent]

Thank you guys for your useful suggestions, so the bottom line is change of status is easy (H1B to F1) and possible only when a person has not filed has not filed for Greencard status while in H1B. So,I am not planning to file for Greencard in my first H1. Rearding the OPT, I am not going to use my OPT now, i am going to go directly from F1 to H1 thereby i can save my OPT for my second F1 (I confirmed this with the international student office).

 

[cara9]

TweetyBird,

Can you detail your last post a little more? You said that a H1B holder who has already submitted a GC is inelligible for F1 COS--UNLESS HE/SHE CANCELS THE GC APPLICATION. I am willing to cancel my GC application to obtain the F1. What are the chances that my F1 will be approved, and what do they depend on? Thanks.

 

[BlueToothHunter]

TweetyBird,

Can you detail your last post a little more? You said that a H1B holder who has already submitted a GC is inelligible for F1 COS--UNLESS HE/SHE CANCELS THE GC APPLICATION. I am willing to cancel my GC application to obtain the F1. What are the chances that my F1 will be approved, and what do they depend on? Thanks.

If you cancel your GC application now, your future GC application will be compromised. Once you've applied for GC, then the best thing you can do is to complete it no matter how long it takes. Otherwise it won't look favorable for you down the road.

 

[cara9]

What if all I want at this point is a PhD degree, and I don't want to immigrate in the U.S. anymore (in other words, I don't care if my GC is compromised down the road)? Will withdrawing my GC application be sufficient proof for the USCIS that I don't have immigration intent and therefore I am elligible for the F1 visa?

 

[cara9]

What if all I want at this point is a PhD degree, and that is more important to me than a Green Card? Which means than I don't want to immigrate to the U.S. anymore (in other words, I don't care if my GC is compromised down the road)? Will withdrawing my GC application be sufficient proof for the USCIS that I don't have immigration intent and therefore I am elligible for the F1 visa?

 

[stannle7]

hi,
I m a also a dentist frm India.If a dentist frm india interested in comin to the USA, for furthur studies/short courses,like Oral biology u r pursuing,
Can a student visa b got🙂 ,for the same?????
Or cud u advise me any other univ/prog where the fees will b affordable?how did u apply for the Oral biology?
How much will i approx need for the fees,n how to go abt???
Your advise will be Highly appreciated.
THANKS.🙂
stannl

I am a doctoral student in Oral Biology, i am planning to work as a post doc for 2 years before going for residency. I would like to know whether its possible to go from F1 to H1B and then go back to F1 again. For getting the second F1 do i have to go to India (US embassy) to get it ot will it be processed in USA.
please help!!!
Thanks
Lavan.

 

[BlueToothHunter]

What if all I want at this point is a PhD degree, and that is more important to me than a Green Card? Which means than I don't want to immigrate to the U.S. anymore (in other words, I don't care if my GC is compromised down the road)? Will withdrawing my GC application be sufficient proof for the USCIS that I don't have immigration intent and therefore I am elligible for the F1 visa?

If you've applied for a Green Card, the minute you submit the I-140 or I-130 application, you've basically "lost" your initial immigration status. Did you enter as a student previously? Unless you keep your full-time academic status (after filing for I-140 or I-130), you're no longer considered an F-1 student (assuming you entered the US with F-1 visa). The minute you apply for the Green Card, you do not have to maintain your student status. You can continue to study (e.g. PhD program) but your status won't be F-1 student anymore... you will be somewhere in between permanent resident and international student (a very gray area that even the immigration lawyers have hard time interpreting). So the best thing for you now is to continue to wait out your Green Card application process and apply to the PhD program as an international student (F-1). When you finally get your Green Card approved, then you can officially tell the PhD program that you will be eligible for NIDCR or NIH federal grant and count you in as a Permanent Resident. This could take a while... I would highly advise you to NOT to withdraw your Green Card application (if it's already in motion) unless there are other excruciating personal circumstances....

Disclaimer!!! I am not a lawyer and I certainly do not play one on t.v., so anything I say I have no idea what I am talking about so only take my advice with a huge grain of salt!!

 

[indianstudent]

So are you guys sure that if i am not filing for GC while i am in H1B, the chance of transfering to F1 is 100% ???

 

[BlueToothHunter]

Why don't you look up in the yellow pages and ask an immigration lawyer? I don't think anyone on this board qualifies as such so you're on your own if you want to ask any immgration questions. No two cases will be alike so don't try to follow what other had done previously as your guide. Caveat emptor.

 

[indianstudent]

thanks for the advice. I will inquire with the immigration lawers and will let you guys know, that will be a useful information for people in a similair situation.