H1b to f1 transfer

Amazon thog
Apr 18 4 Comments

Posting for a friend-
1. What size the procedure for h1 to f1 transfer?
2. My friend is currently on h1 with approved i-140. He will be applying for extension later this year.if he applies for extension later after his PhD can he not get onto h1b visa?
3. How about opt I think we get opt only once?
4. What are the risks involving leaving the country and applying for f1 from India?

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TOP 4 Comments
  • PayPal tyou
    Following. I am thinking about the exact same thing.

    The only thing is H-1b is dual intent and your friend has shown his immigration intent by applying for I-140. F-1 is non-immigrant though. That’s what I have heard. So, need to figure that out.
    Apr 18 2
    • Citadel Securities wagecuck3
      B, F, and J visa applications are subject to the most scrutiny for immigrant intent, but it's not impossible to get one with an approved immigrant visa petition. People with approved I-130s who are in long queues for family-based visas often receive B visas to visit their family in the US. In the case of having an approved I-140 and seeking an F visa, a similar rule applies: you can qualify if DOS/USCIS/CBP believes that you have a genuine intent to depart. The more reputable your school is, the more believable it is that you have a genuine intent to study there and then depart, rather than just trying to find a way to avoid leaving the US after leaving your job.
      Apr 18
    • PayPal tyou
      Awesome that’s great!
      Apr 18
  • Citadel Securities wagecuck3
    With an I-140 approved for at least 180 days your friend will continue to be exempt from the H-1B cap after he finishes his studies, unless his priority date becomes current in the meantime (assuming your friend is Indian, this is unlikely).

    You can get OPT multiple times if each level of education was higher than the previous one, so assuming your friend hasn't done a PhD before, he can get OPT after he finishes his PhD in the US. However, the 2-year STEM OPT extension can only be claimed twice. So if your friend already did a bachelor's and master's in the US and already got 3 years of OPT each time, he can only get 1 year of OPT after his PhD
    Apr 18 0

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