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Student Visa - Advice Needed

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    Student Visa - Advice Needed

    How much of a hassle is it to convert student visa to H-1 visa? Can it be easily converted to H-1 given that all the requirements for H-1 are satisfied?

    Does the person need to leave US or can it be changed while the person's in US?

    I think its a pretty painless process. I've known a lot of people that have gotten that done and I dont think you have to leave the country.



      haven't seen you around for ages dude... what gives?


        ghalib, my personal experience is that as long as the applicant is qualified for the H-1B visa, there shouldn't be any problems.

        After H-1B petition approval, the applicant can start working right away. However, whenever he/she will go out of the country, he/she would need to get the H-1B visa to come back to US. (Note the difference between petition and visa).

        In my case, I was out of status so I had to go back to Pakistan to get H-1B visa. People who are not out of status don't have to go to their home country, they can go to anyother neighbouring country like Mexico or Canada to get the visa, whenever it's convenient for them. But, of course, they have to get the visa before H-1B status period expires (which I believe is 3 years).

        I also suggest checking various immigration related sites and with the lawyer who is processing the H-1B petition. The information that others provide here may be good for general understanding purposes but for specific laws or rules etc, the lawyer would be the best source.

        One of my friends is planning on going to one of Canadian small city to get his H-1B visa. I forgot the name of the city, but he wants to go to that particular US consulate so that he won't have to face any hassle etc which might be the case with bigger cities like Toronto etc since they process a lot visas.

        I'll ask him the name of the city and will also let you know how it went with him once he's got the visa.



          There are many Non-Profit Immigration sources in every State, such as Legal Aid, which are free...
          I Strongly suggest you visit one.

          It might not be a complicated process, but Legally speaking, if not handled "correctly", for the lack of a better phrase, it can get pretty messy, considering we are dealing with the INS and the fact that each case is different, hence, requiring the application of the Laws "Accordingly".


            ghalib, I think Dehatan's "suggestion" is "correct". One must be very "careful" in such "matters". :-P


              Maynay apnay Student loans pay karwa nay haiN ya nahiN! *frustrated frown*


                Ouch...Dehatan ji, mentioning of student loans hurts... please don't do that again * not sure which frown *



                  yeah... tell me about that small city. Is it closer to the US border or is it entrenched deep into canada?

                  thankx for the input dehatan...


                    Its fairly painless Ghalib. Does your friend have his one year of practical training already used up or not? if he still has it then its even easier since he can start working using that in any job and then ask teh employer to petition for the H-1. This would be useful to him if he just got out of school since they have run out of H-1s for the year and he can only stay here for 60 days beyond when he officically graduates . Once the H-1 petition is completed to actually get his H-1 stamped on his passport he would need to go to somewhere overseas. Canada happens to be most peoples choice and toronto is not really a hassle as long as he has all his papers ready. he needs to make an appointment (available online) and then go there and its drop off one day and pick it up the next day (remember that they observe both canadian and us holidays

                    Another thing to remember is that going out of staus is really bad currently. they changed the law in the last couple of years and anyone who goes out of status is banned from coming back into the country for 3 yrs I beleive if he exceeds a certain limit and 10 yrs if he exceeds another limit. If your friend is out of status then you should have him see a good immigration lawyer and whatever he does not leave the US. otherwise he will be barred from coming back.

                    Anything else, email/phone me and I will see what I can do.

                    PS: by the way are you setting up shop for H-1 people... I think its the third or forth post on immigration you have had, and I know its not cause of yourself just joking..



                      nahi yaar... i know folks who have these issues and while they're getting opinions from various sources, I figure I would get some input from here. I know you and roman can provide some good info about these issues because you've dealt with them.

                      As for me, I am totally nakarra when it comes to H-1 help...

                      Thats a good ppoint about using the one year work option to convert to H1...