F1 to H1B status change

[mrasquinha]

Hi,

I am a student on F1 and recently got a H1B approved for Oct 1st. The H1B was issued using my masters degree but my current I20 is for the phd program. The lawyers who filled my petition said my F1 status directly extends to Oct 1st and that I dont need to leave the country.

Given that am I required to register in school for the semester starting mid august (mid aug-sept 30)? If I dont do that do I go out of status and will it be a problem later when I go for my stamping?

-Tina

[rahul412]

In order to stay in F1 status, you need to reg min courses as per the school policy, if not you are not in F1 status and your H1 starts from Oct1st. So I think you need to reg..

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[mrasquinha]

I was told you are allowed to stay based on the cap gap rule i.e If i normally lose F1 status I can still stay because of the cap gap rule give I start work on Oct 1st as per the approved H1B application

[JoeF]

I was told you are allowed to stay based on the cap gap rule i.e If i normally lose F1 status I can still stay because of the cap gap rule give I start work on Oct 1st as per the approved H1B application

The cap-gap rules are for people who have finished their degree. You are in the middle of a PhD program, and you actually are only able to stay during summer recess if you are registering for fall quarter/semester. Cap-gap does not apply to you.

[rahul412]

I was told you are allowed to stay based on the cap gap rule i.e If i normally lose F1 status I can still stay because of the cap gap rule give I start work on Oct 1st as per the approved H1B application

Cap-gap is for the people who have finished their degree.