Should I convert from F-1 to H-1?

Question

Hi.. This is my situation. I came to US on F-1 visa in Jun 06 for doing masters. Currently I'm in my 2nd semester. My GPA after 1st semester is 1.8. Graduate students are expected to maintain a minimum GPA of 3.0. From what i heard, I will be given one more chance to increase my GPA in this sem and even after completion of this sem, if my avg GPA doesnt go up og 3.0 I'll loose my f-1 status and so need to leave USA. Is this true. ?? As you can see.. Even if i get a 4 GPA (which is the max poss) even then my avg GPA will be 2.9. So my chances of loosing of F-1 status is mostly sure. What should I do now. ? Is applying for a H-1 or H-1B visa in this April the right thing to do. i mean I dont want to leave USA and so even I have to do job leaving my studies in middle i will do that. Also what will be my status once i apply for H-1. Do i loose my F-1 status? Then where should i stay till i get my H-1 visa? Can i apply for H-1 visa in this April 07 and still continue on my F-1 till the end

Answer 1

Your best bet is to transfer out as quick as possible to another school. Go to an ESL, or Language school. These school will fix your GPA and you have to attend only 3 months as a full time student. Then after wards you can transfer back to your college.

What will happen with your SEVIS account? You will be transfer from a graduate to a language student. Reason that will be put on your I-20: Student need to improve English. When you are done with that school and transfer back, you can start at your college again, and the I-20 will be transfer again to state that you are a Graduate student again.

With an F-1 visa, you can be here and study for a long period of time. The reason is because it do not take a student to learn English in 3 years. Every student is different, this is why we have students have have been here longer.
Now with a H-1 visa, you might be taking a risk. Also, as for H-1, you might be only here for a few years only.

Answer 2

It is doubtful that you could even get an H-1. These visas are for "specialty workers"--and are one of the most sought after degrees in the US. Plus, H-1s are so competetive that not many people are going to be willing to hire someone with such a poor performance record.

The other thing that you have to keep in mind is that a Change of Status in the US is pretty hard to come by. They are often denied and can take much longer than a normal application. Also, with the cap being filled as quickly as it has been in the previous years, your chances are just not too good.

Your best bet is to go home and maybe get your degree there. Or, if you can find an employer who doesn't care about the poor grades (you have to submit diplomas, CVs, sometime transcripts for an H), maybe they'll be willing to sponsor you.

As for your last questions, while you're applying for a Change of Status, you must maintain your F-1 by being enrolled full time. You cannot violate your current visa status while waiting for your next one. That also means that if your I-20 expires in May of 2007, you need to have your H-1B approval by then (not likely). H-1Bs can take 4-6 months unless you do Premium Processing ($1000 extra fee).