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H1 To F1 Transfer

Discussion in 'Nonimmigrant Visa Applications' started by Raj1984, Apr 12, 2015.

  1. Raj1984

    Raj1984 New Member

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    Hi Ron,

    My employer had applied for my H-1B extension in November 2014. My current visa are valid till April 1 2015. We got RFE in February 2015 and replied to that March 2015. Can I move to F1 visa.

    Thanks,
    Raj
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you are asking about a visa, yes, you may go abroad and apply for a visa at any time. If you are asking about change of status to F1, know that the validity of your status will be determined by the outcome of your pending H1B extension.
     
  3. Raj1984

    Raj1984 New Member

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    Thanks Ron for your reply. But there is no way I can Transfer to F1 pending my H1B extension, considering I current H1B expired on April 1, 2015.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The timely extension application acted to extend your lawful status while you are waiting for a decision.
     
  5. Raj1984

    Raj1984 New Member

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    My extension got denied. I am leaving the country. can my company apply for fresh extension.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to leave, get a visa, and then return.
     
  7. Raj1984

    Raj1984 New Member

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    I am leaving. Should mu employer apply for h-1b extension or apply for New H-1B
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Why was the extension denied? What facts have changed that would alter the result if the employer filed again?
     
  9. Raj1984

    Raj1984 New Member

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    When we got the RFE they had asked to prove the position requires specialty occupation. so instead of replying that they submitted new LCA and New 129 form with title that qualifies for specialty position. that was the mistake.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    They will need to file a new petition on your behalf.
     
  11. Raj1984

    Raj1984 New Member

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    Will I be counted towards H-1B cap.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No. You had an H1 petition approved within the last six years. You are cap-exempt.
     
  13. Raj1984

    Raj1984 New Member

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    Ron,

    My company is apply for fresh H-1B. I have left US. Can I continue working remotely? Can my company run my payroll? Since my current H-1B has expired and I am not in U.S. Will it affect new H-1B petition.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you are working outside the U.S., you don't need a visa or status. This is no different than offshoring.
     

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