H1 to F1 Change of Status


Saro M

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Posted

Hi..

Need clarification on below scenario.

A person currently working on H1B (valid for another 2 years) , decides to go back to school this fall(2017-lets say classes starting from september 1st)   and has got I20 as well .. Now a change of status (COS) has to be filed   to convert from H1 to F1.  When is the right time to quit the job so that the person doesnt go out of status at any time ..

1)  can the person quit the job once COS is filed and received the receipt # from USCIS and start attending the course from Sep 1st?,. 
a) If above can be done , then lets Assume if receipt received on Aug 10 and job is quit on Aug 15th.  And classes start only from sep 1.
does this mean person is out of status between aug 15 and sep 1?  ) 

or

2) should the person maintain the H1B status and stay in current job and be paid by employer ,until COS is approved by USCIS(which might take several months) 

  • 8 months later...
Posted
On 7/20/2017 at 5:17 PM, Saro M said:

Hi..

Need clarification on below scenario.

A person currently working on H1B (valid for another 2 years) , decides to go back to school this fall(2017-lets say classes starting from september 1st)   and has got I20 as well .. Now a change of status (COS) has to be filed   to convert from H1 to F1.  When is the right time to quit the job so that the person doesnt go out of status at any time ..

1)  can the person quit the job once COS is filed and received the receipt # from USCIS and start attending the course from Sep 1st?,. 
a) If above can be done , then lets Assume if receipt received on Aug 10 and job is quit on Aug 15th.  And classes start only from sep 1.
does this mean person is out of status between aug 15 and sep 1?  ) 

or

2) should the person maintain the H1B status and stay in current job and be paid by employer ,until COS is approved by USCIS(which might take several months) 

did you get answer to this question? I am in similar situation. My H1B is valid till Sep 2019. My classes start in July 2018. I want to get visa stamped in May but still want to work till June. Not sure if this is possible

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