H-1B lay off and consequences of COS H-1B to F1


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Current Situation

I was terminated from my job and my H-1B status expired on June 13 2016 when my employment ended. I had already obtained admission to MBA for summer 2016 during my notification period and applied for COS (effective June 14) from H-1B to F-1 on June 2, 2016 while I was still on H-1B status. Since the COS is still pending approval, I deferred my admission to Fall 2016. I have been on H-1B for 9 years with an approved I-140. My employer confirmed that they would not revoke the I-140 upon termination.


  1. What happens when my H-1B to F-1 COS is approved after fall semester begins (say by mid September)? I may not be able to attend Fall semester and would have to defer my admission to spring. What will be my status in the US till the spring semester begins in January 2017?
  2. If my COS status is approved in September 2016 and I travel to India in Oct and apply for a F-1 visa in November with my spring admission I-20, will I be considered out of status since Jun–Oct 2016? WIll there be a probem getting a F-1 visa?
  3. If I get a job in September and apply for a COS from F-1 to H-1 before I start school.
    1. Can I go out of the US and re-enter on my old H-1B visa (valid till Jan 2019) with I-797 of the new employer
    2. Would there be a problem when I apply for a new H-1B visa if required?
    3. How do I transfer my H-1 from old employer to the new employer. Should I write a letter to withdraw my COS to F-1 and then transfer H-1B to new employer?
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