Switching from H1b-work visa to F1-student visa

Hi, I have been working as en engineer in the United States since 2005 (after getting my masters in eng. from here )and my H1B expires in 2011. I also intend to apply to B school for 2011. It also so happens that my company is starting the GC p…

Hi,
I have been working as en engineer in the United States since 2005 (after getting my masters in eng. from here )and my H1B expires in 2011. I also intend to apply to B school for 2011. It also so happens that my company is starting the GC process around this time (Nov 2009). I have heard that once you file for your GC petition, you cannot transfer to a F1 visa. In my case this means that, even though I will get admission from US colleges, my F1 visa will not be issued because I have already shown an intention to immigrate (by my company filing for my GC) and F1 is purely for foreign students who make the case that they will return to their respective countries on completing their degree.

Is anyone else in a similar soup of this nature and what did you do about it?

Also on a tangent, how will my college application be considered, would I be weighed against the applicant pool from my home country (in my case India) or would there be any credit given because I have already been exposed to the education and work experience in the US and hold an advanced degree?

thanks for reading!

Hi,
I have been working as en engineer in the United States since 2005 (after getting my masters in eng. from here )and my H1B expires in 2011. I also intend to apply to B school for 2011. It also so happens that my company is starting the GC process around this time (Nov 2009). I have heard that once you file for your GC petition, you cannot transfer to a F1 visa. In my case this means that, even though I will get admission from US colleges, my F1 visa will not be issued because I have already shown an intention to immigrate (by my company filing for my GC) and F1 is purely for foreign students who make the case that they will return to their respective countries on completing their degree.

Is anyone else in a similar soup of this nature and what did you do about it?

Also on a tangent, how will my college application be considered, would I be weighed against the applicant pool from my home country (in my case India) or would there be any credit given because I have already been exposed to the education and work experience in the US and hold an advanced degree?

thanks for reading!


Are you planning to keep working while you study? If yes - then you can do that even with a H1 - because though your company is applying for Green Card - you would not be having it in your hand by 2011 and you status will still be H1. You can study and work as well with H1. Now if you plan to leave work and just study - in that case my suggestion is do not let your company apply for green card - there might be queries and issues with the gc processing if u leave ur company.

In regards to your college application - it will be considered with the same applicant pool from your home country as your nationality is still Indian - However you would have the advantage of your work experience as B-schools look @ that.

Hope this helps.....

Hi, thanks for your response, I should have clarified, I intend to go full time, which means quitting my current job

Ace317, consult an immigration lawyer like Sheela Murthy et.al. 20 minutes with an expert on these matters is will go a long way.