F1 to H1B to F1

[writetoshriram]

Hi All,

I have a tricky situation and I hope enlightened MurthyForum members can help me out. My fiance was doing her MS in the US up until April of this year. She then started an internship with a firm using her CPT and later during this year they offered her a full time position. She took up the offer even though she had not completed her MS as she thought she could finish it while working. Her H1B got approved 2 weeks back but her company has now announced that they will be laying off people this week.

If she is indeed one of the affected, what are her chances of staying back in the US? Can she go back to school by reverting to an F1? Or can she get an OPT card and stay in the US?

Any piece of advice will be appreciated.

Thanks,

Ram

[JoeF]

She would have to apply for an F1 if she wants to study again. University application windows are probably closed for the upcoming quarter/semester, so she would have to apply for Fall 2012 quarter/semester.

Also, no real university allows CPT from day one nowadays, and for OPT the person has to be enrolled for one year in good standing.

[writetoshriram]

Hi JoeF,

Thanks for the response. I hadn't completely outlined her status. She hasn't yet completed her program of study and has 3 credits to complete in order to be eligible to graduate. Her passport currently has an approved F-1 stamping since her H-1B COS came through only 2 weeks back. I have been hearing that all she needs to do is leave the country now and come back and explain her case at the port of entry saying that she had been laid off on H-1B and wants to revert back to the valid F-1 on her visa. Of course she needs to get a new I-20 and pay the SEVIS fee. Do you know whether this is feasible?

Thanks in advance.

Shriram