H1B Pending need to change to student status

[Gerald]

Hi All,

The following is my current situation:

05/2010 Graduate with Master Degree

07/24/2010 OPT Start

04/10/2011 Apply H1B

07/24/2011 OPT Expired

09/24/2011 No longer working for the employer

F1 will expire on July/2012.

My H1B is still showing pending at this moment but I am no longer working therefore I am trying to maintain my status as a student.

The school that I am trying to apply to said that my out of the 60 days grace period of OPT,

Which means I am out of status, therefore they cannot issue me i-20 and my previous school will not be able to transfer SEVIS.

Is this true? and what else can I do to maintain legal status?

Thank you so much for your time and help.

[pontevecchio]

You will have to leave and after getting admission get a new I20 and a new F1 visa to return.

[Belle]

Why are you posting in the AOS conference? Do you have AOS pending? If you do, you should not be swithcing to F1.

I believe, you were in authorized presence while your H1 was pending, which possibly put you out of status. Talk to a lawyer. It may be possible to reissue your I-20 based on H1 receipt notice.