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H1 to F1 Change of Status Question


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#1 hmaster

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Posted 08 April 2012 - 06:26 AM

I am trying to get the answer to this question for my partner, we are not married yet so can't file for H4.

Scenario: H1 layoff scheduled for April end (approximately a month from now), searching for a new employer to file for H1 under premium processing. Meanwhile, also planning to apply for COS to F1 and return to school if can't find a new employer in time. Should be getting the I120 pretty soon for summer admissions.

My question is, if she manages to find an employer just after applying for COS to F1, what is the process for withdrawal of COS application? are there still chances/risk that they might approve the COS to F1? What to do if COS to F1 gets approved after the new H1 approval? Would she need to reapply for H1 with the same employer? What is the best way to cancel the COS to F1 pending application?

Has anyone gone through this process before? What are the complications, and things to be aware of?

#2 hmaster

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Posted 09 April 2012 - 10:40 AM

anyone? your inputs would be much appreciated...

#3 JoeF

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Posted 09 April 2012 - 04:43 PM

An F1 is not for "bridging" time.
An F1 is for legitimate studying.
What you try to do is abuse of the F1.

#4 hmaster

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Posted 11 April 2012 - 02:40 PM

I really don't understand your objective. Do you just like wasting your time? I understand F1 is for legitimate studying and that's what it is intended to be used for. A person can study, work /or work & study at the same time.

The point is to avoid a gap, so either study or work, rather than nothing - so what makes you think that something here is not "legitimate" or it's an "abuse" I am sorry but you are really funny mate! Anyways thanks for your valuable input ;)

#5 JoeF

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Posted 12 April 2012 - 10:14 AM

I really don't understand your objective. Do you just like wasting your time? I understand F1 is for legitimate studying and that's what it is intended to be used for. A person can study, work /or work & study at the same time.

The point is to avoid a gap, so either study or work, rather than nothing - so what makes you think that something here is not "legitimate" or it's an "abuse" I am sorry but you are really funny mate! Anyways thanks for your valuable input ;)

Sigh. An F1 is not for "avoiding a gap." What you are trying is abuse of the F1. This will result in problems for you, and for other people later.
Agusing the F1 is never a good idea. Please get that into your head.
Further, getting admission to a legitimiate university takes several months.
If you need to be in legitimate status after a layoff, file a COS to B2.
Geez. When will people learn to respect the law???

#6 hmaster

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Posted 12 April 2012 - 01:01 PM

"getting admission to a legitimate university" BTW...this is a top state university that would be issuing the I120. We have been working on getting this admission for over months now, but anyways...I guess its pointless discussing this with you..the last thing I want is to get into pages of worthless conversation, as I see you all over the place with your opinion on the EVC stuff.


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