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go-getter
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Posted on 03-22-08 7:50
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Hey frens.........I need some suggestions
I am in dilemma if we should opt for premium processing or not. In any other case it is good but since I am May 07 graduate it's a bit complicated(I think). I am applying for Master's degree or higher H1B this april.Along with my H1B petition I will request USCIS to change the status and extend the stay since I am now in USA. Then they will open the premium processed case early, and will issue RFE( request for evidence) If they ask me to send within april then i won;t be able to send my New I-20 which I won't have untill Mid May 08. Then that makes my change of status request denied.
But if i do regular processing, they will open the case later even though they ask for RFE (which is obvious) i can provide them promptly. May be my change of status and extend the stay will then be approved.
Help me with some of your ideas or may be experience. Shall I go for premium processing or not. I have Master's degree.
Thanks, anything will be greatly appreciated
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JhilkayDai
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Posted on 03-23-08 2:15
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I am kind of lost in this H1B processing as well. I finished my Undergrad in MAY 07 & right now i am working for a company. My company's lawyer is making my documents ready (hopefully in the final phase now). She knows that mailay student huda bahira permit bina kaam garay ko kura. However, i talked her into not disclosing this fact to my managers. She was kind of unwilling to process my application but finally agreed to submit the petition. But she said that I might be in trouble during the time of visa stamping. So, i dont know what hell is going to happen!!! any suggestions would be great...
Thats only one hurdle - the other situation....My OPT expires on End of June 08. As of now, i haven't applied for any college yet. I know i have two months of extention after opt which still leaves a month without any status....So, i dont know what should i do########
Should I join school before (after) my OPT expires?
Is it possible to change my visa status without leaving the country (if H1 gets approved)? If not, is it easy to go to nepal or just go to canada or austrialia?
honestly, i am just freaking out............what to do?
Suggestions please!!!
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JhilkayDai
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Posted on 03-23-08 2:15
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I am kind of lost in this H1B processing as well. I finished my Undergrad in MAY 07 & right now i am working for a company. My company's lawyer is making my documents ready (hopefully in the final phase now). She knows that mailay student huda bahira permit bina kaam garay ko kura. However, i talked her into not disclosing this fact to my managers. She was kind of unwilling to process my application but finally agreed to submit the petition. But she said that I might be in trouble during the time of visa stamping. So, i dont know what hell is going to happen!!! any suggestions would be great...
Thats only one hurdle - the other situation....My OPT expires on End of June 08. As of now, i haven't applied for any college yet. I know i have two months of extention after opt which still leaves a month without any status....So, i dont know what should i do########
Should I join school before (after) my OPT expires?
Is it possible to change my visa status without leaving the country (if H1 gets approved)? If not, is it easy to go to nepal or just go to canada or austrialia?
honestly, i am just freaking out............what to do?
Suggestions please!!!
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HappyFace
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Posted on 03-23-08 9:24
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Jhilkaydai,
You did not need to explain your Company's immigration that you had worked as an F1 without a work authorization. There's no relation to filing your H1b and working without work permit as an F1. There are many people who worked as an F1 (without permit) and how are H1B holders.
Also, if you go out of the country for visa stampping, they will not check whether or not you worked as an F1, unless they are real, real suspicious. Again, there are lots of folks who did work as a student, applied and got their H1B's, went for visa stamping (some went to Mexico, Canada, and even Nepal), and got the visa.
If your OPT expires in June, you have only 60 days grace period before which you should already have joined a college. Even if your application for the H1B gets aproved, you have to be in status until Oct 1st.
Good Luck
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JhilkayDai
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Posted on 03-23-08 1:01
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HappyFace,
Thank you for your information. Yeah, I didn't tell them that i worked during student status but i had to tell them due to cross question from the attorney (because i had that work experience in my resume). But after that i sent an updated resume (taking out the previous experience) and told the lawer to take out my old resume from my application file.
Also, do any of you know by what month i will know if i am approved or not?
Is is easy to join school during those two months and be in F1 status, and change to H1B status, if approved? Do I have to go out of country to change my status if i joined school and be in F1 status but my H1B gets approved?
or its just easy to wait for H1B result and go out of country for stamping?
I am sure that are lots of people here who had similar situations and went through it...
Some more tips greatly appreciated..
Thanks again!
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HappyFace
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Posted on 03-23-08 4:40
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Jhilkaydai,
If you process you application through premium process, you will know about decision within two weeks, technically. If for some reason, you don't, then surely within a month. If you go through regular process, it might take two months or up to three months you know about the result.
When you're on F1 going to college after your OPT expires, you can easily cange your status to H1B after Oct 1st. As far as I have seen, there is no hassle for this process.
You do not have to go out of the country just to change your status from F1 to H1B holder. But you do have to go out of country to obtain a new visa if you are travelling to other country. Many people with H1B's go to Mexico and Canada to get stampped a new visa to be able to return to the US after travelling to Nepal, India, or wherever they want. So, if you plan on going to Nepal, you have to go to US consulate/Embassy in Mexico, Canada, or Nepal to get a visa, otherwise, you do not have to leave the country just to change your status.
Hope this helps. All the Best.
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k-bha-ko-yo?
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Posted on 03-23-08 5:15
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My H1b got approved in December only, but I had OPT valid till next years so was OK for me. But if you need to use your H1b starting Oct better do premium processing.
GudLuck
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go-getter
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Posted on 03-23-08 7:32
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thanks frens..
These advice are really appreciative
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JhilkayDai
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Posted on 03-23-08 9:30
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Thank you much happyface & k bhako yo!
Ok, my employer is ready to pay for premium processing as well. But the attorney told me that for H1B with cap (undergrad), the USCIS has not allowed to do premium processing right now. But she said that we can upgrade the application if USCIS lifts the restriction. So, i dont know what to do.
So, if I join school and start on August - will i be able to work starting Oct 1st? OR Do I have to wait until the change of status is complete? If yes, how long does it takes to get the status changed?
I asking questions like crazy...but i have to!
So, thanks again and please keep posting suggestions.
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JhilkayDai
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Posted on 03-24-08 6:25
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11th Dimension
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Posted on 03-24-08 8:17
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jhilkay, if your gets H1-B approved, better join Kaplan for couple of months, so your F1 status extends until next 2-3 months. If you are unable to join Kaplan, and have to join a college, then sure no problem. Starting October 1st your status will be changed from F1 to H1-B. You may wish to continue school, but you dont have to take any class after October 1st. You might lose some money for enrollment. Only students in F1 status are required to fulfull 9 credits for Grad and 12 credits for Undergrad. When you're transferred to H1-B, you can drop them all if you wish to. But you need to continue full-time work after October 1st. This is at least what I got from my Intl Student Advisor. Consult your ISA for more details with your specific situation.
Last edited: 24-Mar-08 08:18 PM
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JhilkayDai
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Posted on 03-25-08 10:47
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Thanks a lot for all the informations guys! Its really helpful.
Also, I heard from one of my friend's friend that when you are enrolled in Kaplan you can actually apply for CPT and work on those 3 months gap. How true it is? Any experience or informations will be highly appreciated.
Thanks again!
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pidit007
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Posted on 04-16-08 11:20
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m currently studying in texas in a comunity college. I ve quite a big problem because yesterday my passport got stolen from my friends' car. outside our apartment
somebody broke in my friends car and stole my bag in which i had some
money and passport. i was planning to visit nepal this summer and i ve
already booked my ticket. i am applying for my new passport tomorrow
but im not sure if my visa and i 94 will be re issued from here.
hopefully i ll get my new passport next week but i need a visa and i
94 to travel to nepal and come back. so, please help me with my problem
and tell me if the immigration issues f1 visa. and i 94. if not how can
i get visa from here ASAP and from where and what documents do i
need!!. if i go back to nepal may be ill be rejected for the visa cuz i
transferred from my first college to a community college.
i also heard that they issue passport from mexico or canada . plz tell
me wat are my chances to get visa from here. i ve never been out of
status and i just ve been here for 2 years and my visa was for 5 yrs.
so plz help me.
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