Living in US in I20 after 6 years of H1B

[gforgemini]

My H1B expires in september this year and my employer is working on applying for PR Card. Given the timeline and labor approval process, Can I stay in US by getting I20 from any school to avoid out of status and instead of leaving the country?

 

Can I switch back to H1B after I hear the labor approval of PR process, when I am here in US?

 

Please reply with any pros and cons of this situation.

 

 

 

[jairichi]

My H1B expires in september this year and my employer is working on applying for PR Card. Given the timeline and labor approval process, Can I stay in US by getting I20 from any school to avoid out of status and instead of leaving the country?

 

Can I switch back to H1B after I hear the labor approval of PR process, when I am here in US?

 

Please reply with any pros and cons of this situation.

If your intention is to stay back in US with I20 just to cover the gap during GC process you have to leave the country. It is tough to get COS to F1 after staying in US for 6 years on H1B.

[JoeF]

An I-20 doesn't give you any immigration rights. The I-20 is just used to get an F1.

And it would be hard to get an F1 after 6 years on H1, and starting the GC process, since for an F1, you have to have a home abroad that you are going to return to.

[catx]

You cannot use a F-1 visa (by getting an I-20 from any school) as a 'bridge' to allow you stay in the U.S. past expiration of your current H-1B visa and I-94 card -- that is immigration fraud.  Your options are to change status to a visitor or dependent (if you are married to another visa holder) visa prior to expiration of your current visa -- and STOP working.  (Visitor and dependent visas do not allow employment authorization.)  Alternatively, you have to leave the U.S. until you can return on a valid visa status.

 

You knew your visa status was going to expire and you did not take proactive action with your employer until time is running out.  Now you have limited options.

 

Poor planning leads to poor outcomes.

[rahul412]

My H1B expires in september this year and my employer is working on applying for PR Card. Given the timeline and labor approval process, Can I stay in US by getting I20 from any school to avoid out of status and instead of leaving the country?

 

Can I switch back to H1B after I hear the labor approval of PR process, when I am here in US?

 

Please reply with any pros and cons of this situation.

COS to F1 after 6 yrs of H1, that's deadly combination dude...

Better find another way.