| Q. |
H1 to F1 transfer - choice of school?
My case:
1. Last day on payroll - 05/29/2009
2. Severance paycheck ending 06/21/2009
3. 3 years on H-1B for current employer, H-1 (& I-94) expiring on 10/01/2009. GC not filed.
4. Previous MS degree on F1 from reputed university
5. No new job offers, nearly impossible right now.
I am planning to enroll in school. I have got I-20 from a community college (classes starting Sep 09) and from Kaplan testing center for GMAT (starting July end 09).
Which would be a better choice to apply for COS? Does class start date matter? If I apply for Sep 09 course, am I allowed to stay in the US, what is my legal status?
What documents/caution should I take to explain the gap between last day of work on H1 and date of COS application?
Thank you for your expert comments!
User's Location:
San Jose, California, United States of America
Category:
H1B, H4, L1, L2 Visa
|
| A. |
Which would be a better choice to apply for COS? A: CIS probably cant get an approval to you in time to start the Kaplan course end of July.
Does class start date matter? A: Yes, cuz you cant start until COS approved.
If I apply for Sep 09 course, am I allowed to stay in the US, what is my legal status? A: Yes, COS pending [until - hopefully, approved].
What documents/caution should I take to explain the gap between last day of work on H1 and date of COS application? A: CIS unlikely to notice if you get the 539 on file soon. Dont open that can of worms voluntarily. Provide your 21 June paycheck, but dont mention end date. If queried about maintenance of status via RFE process, explain the situation: laid off abruptly; had to scramble for options; took a while to get I-20, etc. |
| |
James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
| Q. |
Thanks, James. Please can you answer followup questions below?
21 June is a "severance" paycheck. Wouldn't CIS notice that and conclude I am out of job?
If I get a job while COS is in pending status, how can I change back to H1?
Within what time I should be back on H1 to avoid getting in new quota (since I already have a revoked H1)?
Thanks again, James, appreciate it. |
| |
|
| A. |
21 June is a "severance" paycheck. Wouldn't CIS notice that and conclude I am out of job? A: It is what it is; CIS may or may not notice. In any event, you ARE out of a job, and you need to make this transition. CIS is likely to over look small gaps in status.
If I get a job while COS is in pending status, how can I change back to H1? A: File from I-129.
Within what time I should be back on H1 to avoid getting in new quota (since I already have a revoked H1)? A: You are still within the old quota. |
| |
James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
|
