change of status from H1B to F1- advice needed!!

[Toothybear]

Hi guys,

I have been admitted to the PhD program starting August 2015. I applied for a change of status in June since I could not get hold of my I-20 before . According to the current processing times , I may get my status approval after my PhD program starts. In this situation , can I join the program on H1B? Will I be paid stipend ?

If anyone had similar experience please advice.

Thank you.

[Crafter]

As I replied to your other (yet identical) post, ask your International Student Office.

 

Also, you may want to check if some sort of "expedited processing" is available for you at this point. For certain special cases (funerals, specific business meeting, medical treatments and students beginning their program within the next 60 days, such "emergency appointment" can be requested.

[phdreally]

Also, you may want to check if some sort of "expedited processing" is available for you at this point. For certain special cases (funerals, specific business meeting, medical treatments and students beginning their program within the next 60 days, such "emergency appointment" can be requested.

 

Looks like you are referring to embassy/consulate emergency appointments to get a visa for one of the above stated reasons. There are no "appointments" for change of status applications.

[Toothybear]

Thank you so much for replying . I shall speak to ISSS tomorrow .I have tried to bring up this issue before but no one at the office has given me any concrete answers . I do know that my COS is not eligible for premium processing.

[phdreally]

Hi guys,

I have been admitted to the PhD program starting August 2015. I applied for a change of status in June since I could not get hold of my I-20 before . According to the current processing times , I may get my status approval after my PhD program starts. In this situation , can I join the program on H1B? Will I be paid stipend ?

If anyone had similar experience please advice.

Thank you.

 

I am in a similar situation. I applied for change of status from H-1B to J-1 in June (could not get my DS-2019 earlier) but my program starts towards the end of Sept. This is not legal advice, but based on what I have gathered: If there is a delay in the change of status adjudication, you can start your program, but cannot take any kind of financial support until the new student status comes into effect. This usually means you would have to pay for the tuition of the quarter/semester yourself, and not receive stipend/salary. Whether that gets reimbursed or paid later really depends on your department/advisor, but usually it would not.

 

There is no premium processing for COS. However, a "non-profit organization" could do an expedition request. Most of the universities are "non-profit".

[Toothybear]

I am in a similar situation. I applied for change of status from H-1B to J-1 in June (could not get my DS-2019 earlier) but my program starts towards the end of Sept. This is not legal advice, but based on what I have gathered: If there is a delay in the change of status adjudication, you can start your program, but cannot take any kind of financial support until the new student status comes into effect. This usually means you would have to pay for the tuition of the quarter/semester yourself, and not receive stipend/salary. Whether that gets reimbursed or paid later really depends on your department/advisor, but usually it would not.

 

There is no premium processing for COS. However, a "non-profit organization" could do an expedition request. Most of the universities are "non-profit".

Thank you for replying . Could you please shed some more light on paying for the semester ? I am not required to work as TA and my stipend comes from the advisor for first two years . will I have to pay tuition in such a case ?

I have heard of universities that pay stipend if you have a SSN but I am not sure

[phdreally]

Thank you for replying . Could you please shed some more light on paying for the semester ? I am not required to work as TA and my stipend comes from the advisor for first two years . will I have to pay tuition in such a case ?

I have heard of universities that pay stipend if you have a SSN but I am not sure

 

 

Well, it does not matter in what form you are earning (TA or stipend or tuition reimbursement, or a combination of these). You need to be in the appropriate status (F-1 etc) to be eligible to receive them. So, if you are on H-1B (until F-1 COS is approved), you are not eligible for tuition reimbursement, and therefore you will need to pay it yourself.

 

Having an SSN is a different issue (the SSN you have while on H-1B is tied to that immigration status). First you need to be in the right immigration status.

[magicbunny83]

Well, it does not matter in what form you are earning (TA or stipend or tuition reimbursement, or a combination of these). You need to be in the appropriate status (F-1 etc) to be eligible to receive them. So, if you are on H-1B (until F-1 COS is approved), you are not eligible for tuition reimbursement, and therefore you will need to pay it yourself.

 

Having an SSN is a different issue (the SSN you have while on H-1B is tied to that immigration status). First you need to be in the right immigration status.

 

Edited July 8, 2015 by magicbunny83

[Toothybear]

Well, it does not matter in what form you are earning (TA or stipend or tuition reimbursement, or a combination of these). You need to be in the appropriate status (F-1 etc) to be eligible to receive them. So, if you are on H-1B (until F-1 COS is approved), you are not eligible for tuition reimbursement, and therefore you will need to pay it yourself.

 

Having an SSN is a different issue (the SSN you have while on H-1B is tied to that immigration status). First you need to be in the right immigration status.

Wow...this is one other thing i did not think of. I might have to defer the start date of my program and go to the home country and get the visa. Thanks for the info

[TakeruK]

Wow...this is one other thing i did not think of. I might have to defer the start date of my program and go to the home country and get the visa. Thanks for the info

 

If you are already in the US, you do not need to get a visa. Visas are only for entry and nothing else. You do need to get onto the right status though, and keep in mind that status and visas are different things. (Of course, if you ever do leave the US, for a conference or something, you may need to get a visa to re-enter).

 

It's important to keep in mind that F-1 visa and F-1 status are actually two separate things. The visa is a page attached to your passport that allows you to enter. It doesn't matter if your visa expires after you enter. Status is confirmed by your I-20 form and allows you to stay in the US for a specific purpose. You always have to have a valid I-20 while you are in the US.

[phdreally]

@TakeruK I suppose Toothybear's concern is that the COS from H-1 to J-1 might not happen in time to receive the financial support. So the alternative is to change status by re-entry (and therefore visa). There is no third alternative, is there? 

[Toothybear]

@TakeruK I suppose Toothybear's concern is that the COS from H-1 to J-1 might not happen in time to receive the financial support. So the alternative is to change status by re-entry (and therefore visa). There is no third alternative, is there? 

 

 

If you are already in the US, you do not need to get a visa. Visas are only for entry and nothing else. You do need to get onto the right status though, and keep in mind that status and visas are different things. (Of course, if you ever do leave the US, for a conference or something, you may need to get a visa to re-enter).

 

It's important to keep in mind that F-1 visa and F-1 status are actually two separate things. The visa is a page attached to your passport that allows you to enter. It doesn't matter if your visa expires after you enter. Status is confirmed by your I-20 form and allows you to stay in the US for a specific purpose. You always have to have a valid I-20 while you are in the US.

Yup, thats what i thought. I would not want to pay tuition for my phd program, also there are high chances I might loose my stipend entirely for the months i stay on COS status. To be on the safer side (in case of COS denial), my student adviser has advised me not to resign my job so thats using up my time on H1B ...im trying to get my department to defer my start date...thank yo guys...

[TakeruK]

@TakeruK I suppose Toothybear's concern is that the COS from H-1 to J-1 might not happen in time to receive the financial support. So the alternative is to change status by re-entry (and therefore visa). There is no third alternative, is there? 

 

Oh I see! I had thought that a visa appointment in the home country might even take longer (and you would also have to disrupt your life to do so). 

 

There is an option to do a third-country visa application, where you apply for a F-1 visa at a US Consulate/Embassy in a nearby country such as Canada or Mexico. There are extra risks with this (some people say it's more strict but also then you might be stuck in a third country while waiting). Also, if Toothybear is from a country where a US visa/status is granted at the border, then you can do what some people call "Flagpoling", and just go to a US border instead of having to go all the way back to the home country.

 

But these third alternatives are not really that viable! 

 

Yup, thats what i thought. I would not want to pay tuition for my phd program, also there are high chances I might loose my stipend entirely for the months i stay on COS status. To be on the safer side (in case of COS denial), my student adviser has advised me not to resign my job so thats using up my time on H1B ...im trying to get my department to defer my start date...thank yo guys...

 

Hope your COS goes through fast! I think schools deferring start dates for grad students due to visa issues are not super rare. For two classes I've taken in the past, we had no TA for the first week or two because the TA encountered extra visa delays and could not be there!

[Toothybear]

Oh I see! I had thought that a visa appointment in the home country might even take longer (and you would also have to disrupt your life to do so). 

 

There is an option to do a third-country visa application, where you apply for a F-1 visa at a US Consulate/Embassy in a nearby country such as Canada or Mexico. There are extra risks with this (some people say it's more strict but also then you might be stuck in a third country while waiting). Also, if Toothybear is from a country where a US visa/status is granted at the border, then you can do what some people call "Flagpoling", and just go to a US border instead of having to go all the way back to the home country.

 

But these third alternatives are not really that viable! 

 

 

Hope your COS goes through fast! I think schools deferring start dates for grad students due to visa issues are not super rare. For two classes I've taken in the past, we had no TA for the first week or two because the TA encountered extra visa delays and could not be there!

Thanks for wishes . but getting cos done dosent seem to be happening . so planning to go to home country . thank you so much guys..

[Toothybear]

Hi guys,

quick doubt. While going for F1 and F2 visa interview together, how do i pay the visa fees (MRV) prior to the appointment? Its $160 for F1 visa, is there a visa fees for F2 also?

Not able to find this info anywhere...please help

[shinigamiasuka]

Hi guys,

quick doubt. While going for F1 and F2 visa interview together, how do i pay the visa fees (MRV) prior to the appointment? Its $160 for F1 visa, is there a visa fees for F2 also?

Not able to find this info anywhere...please help

 

'n' number of people willing to get a visa: n * MRV visa fee

[Toothybear]

'n' number of people willing to get a visa: n * MRV visa fee

Thank you very much. 

[adk20180312]

Bumping old thread as this is a question I had.

I did my bachelor's and master's in the US and then worked in a research field on opt/stem and 1.5 years on h1b (tired of school but wanted to stay in a specific research field). I just gained admission to a phd program and wanted to see if anyone recently had experience with changing status from H1B to F1? My concern is that it won't be approved in time and I won't be able to receive tuition waiver/stipend. I was thinking I may need to go back to my home country and apply for F1, but keep being paranoid about the current immigration climate and demonstrating nonimmigrant intent (my family still lives there and I never submitted any immigrant petitions, but still). Additionally the cost of travel is a little unfeasible right now. Any recent experiences or suggestions anyone has? Thank you guys for your help!!!

[TakeruK]

20 hours ago, adk20180312 said:

Bumping old thread as this is a question I had.

I did my bachelor's and master's in the US and then worked in a research field on opt/stem and 1.5 years on h1b (tired of school but wanted to stay in a specific research field). I just gained admission to a phd program and wanted to see if anyone recently had experience with changing status from H1B to F1? My concern is that it won't be approved in time and I won't be able to receive tuition waiver/stipend. I was thinking I may need to go back to my home country and apply for F1, but keep being paranoid about the current immigration climate and demonstrating nonimmigrant intent (my family still lives there and I never submitted any immigrant petitions, but still). Additionally the cost of travel is a little unfeasible right now. Any recent experiences or suggestions anyone has? Thank you guys for your help!!!

Talk to your PhD program's international student office. They will be best equipped to help you, and it's their job to get you on the right status to attend the school

There are ways that allow a change of status for foreign people to do so without leaving the country. I believe it could take longer, but it's only March now. Talk to your school and find out what your options are. They would also know typical timelines for people from your country doing similar things since they process many many international students. 

Finally, yes, the biggest potential hurdle is probably demonstrating non-immigrant intent, so I hope your school can help you with that. Talk to your school ASAP so that you can get the process started and/or doing things that help show ties in your home country and your intention to return.