Converting from H1B to F1- can that affect my FSW application? Seniors.. its imp

[Den2Can]

Hello Friends,

I am on H1B right now and recently my project got completed three months back. I am finding it hard to get another one. After three months I have to apply for H1B renewal. If I don't find new project soon than I am afraid It will not get renewed.

Therefore I am planning to convert my visa to F1 so that I can stay here for longer period at least till I get Canada PR. I just sent my initial application to CIO like one week ago for FSW1 category and in schedule 1 item#6 I mentioned my current status in USA is h1b since right now I am on H1.

My question is if I convert my visa to F1 now how is it going to affect my case? Will it make my case weaker? Any ideas??

Your answers are going to play very vital role in me taking this very important decision. Please only reply if you are sure!!!

 

[roopa82]

it is not going to effect you...as u lie in 38 high demand occ list...u choose buffalo as ur office because u r dmitted to US for atleast one year...thats it......if u r staying in US only to get pr....im sorry buffalo takes min 20 months to finalise the case....if u have multiple entry visitor visa.....then u can come here for interview(if required) and passport submission......

 

[mpapdp.1984]

What if they decide to verify your employment after you change your status?
If changing to a student visa does not affect the number of points you currently claim, it should not matter.

I wonder if you need to inform the consulate about any changes in your current legal status in the country of residence (Because it is a change in information on your application)?

I may be wrong here but just curious. I do not know if it will affect the processing of your application. Lets wait for others to comment.

 

[me2land]

My question is if I convert my visa to F1 now how is it going to affect my case? Will it make my case weaker? Any ideas??

No - it's not going to make your case any weaker. I think the most important thing for you to note is the Buffalo processing time. It can take anywhere between 12-24 months and if you are just maintaining F1 status to wait for your canadian PR it can be costly. India has a much faster processing if that's an option for you.

 

[roopa82]

no mpadp.1984........he didnt apply under arranged employment.....his points r based on his previous work experince....

 

[mpapdp.1984]

Should not affect his application then in any way. Except for the snail pace of processing applications for Buffalo.

 

[Den2Can]

Thanks Roopa82, me2land and mpapdp.1984 for sharing your views.

I am feeling much relaxed after finding from you guys that it may not be as risky to transfer visa as I was thinking originally.

Yes I am also aware that buffalo is too slow as compared to ND but I don't have any other option. Because if I apply to ND office, and they ask for interview then I will need to go to India. And in that case in order to come back to USA, i will need to go for visa stamping because my status would have been changed by that time and I really don't want to take that chance... what if they refused my visa? But I have still not made up my mind.. I still have some time before I get AoR to notify them which office to process my application...

 

[Pandora]

Hi Den2Can,

Are you saying that you can change your visa office after you submitted your application to Novia Scotia as long as you do not receive an AOR from them? If that is true could you tell me how to request a visa office change from Sydney? I too submitted my application to Sydney but did not receive an AOR from them. I chose Buffalo for my Visa office but now I would like to change it to ND.

Thanks.

 

[melissaida]

Re: Converting from H1B to F1- can that affect my FSW application? Seniors.. its

Hey Den2Can,

I'm in a relatable situation except I didn't have the benefit of h1b status - instead I retained my F1 status for as long as I have been in the US - three schools - doing two OPTs and really burning through cash. I did my application from here because if I went back to my native Manila, in order to return the States, I would have to then get my visa stamped at the US consulate - too much time lost, as would be the case with you it seems.

This ended up being what happened for me: by the end of my second OPT I had to decide to either go home or go back to school while I figured something else out. While weighing all my options, I consulted a lawyer, grilling him on whether or not my app would go through considering all my work factors (OPT gave me the required 2 years of work plus graduate assistantships) and whether or not an expired F1 etc would hurt my app (ad long as you maintain a full class load, no), etc. What ended up happening was that I applied for PR FSW1 in Canada from inside the US and it has been a really long process but it looks like it's going
to be worth it - PPR last week.

Basically, what I learned from talking to a lot of people and my lawyer and researching this, I would say - if you are in the US applying FSW and you need to maintain some kind of status for peace of mind or whatever, go with F1 if you can afford it. Technically, you could just let you H1b rub it's course and as long as you were legally admitted for a year, you're fine to apply through Buffalo. But, personally, that sounds really stressful to worry about the out of status thing.

I hope any of this helps! Good luck to you friend!