About COS to F1 from H-1B

[supersonic_528]

Hi,

I have a few questions on COS from H-1B to F1. Suppose a person is working on H-1B visa and goes through a layoff. One of the options is to change to F1 visa.

(1) How long does this process take? I mean if the layoff happens, say, at the middle of a quarter/semester, can he still enroll immediately and transfer to F1? Do universities/colleges allow that? I am doubtful, but on searching the internet, I do see many posts where people clim doing so.

(2) In case one cannot get admission immediately (probably because a semester/quarter is already underway), can the he first change to B2 and then change to F1 after a few months at the start of a new semester?

(3) Will it be okay to get admission in a community college, or does it have to be a university? Also, I'm curious about what courses people usually enrol in in such circumstances.

(4) Finally, if the person gets a new job and changes back to H-1B, does it have to fall under the H-1B cap requirements, or will he be exempt from cap?

Anybody on this forum gone through this process? If so, can you please share your experience?

Thanks!

[t75]

An F-1 is for studying - not for remaining in the US after a layoff.

[JoeF]

Hi,

I have a few questions on COS from H-1B to F1. Suppose a person is working on H-1B visa and goes through a layoff. One of the options is to change to F1 visa.

That is not really an option.

You already touched on a few things, like being in the middle of the semester.

Universities have application deadlines. It can take several months from application to approval, and then you still only have an I-20 and would have to file the COS.

An F1 is not for "bridging" some time gap. That would be abuse of the F1.

[rahul412]

I have a few questions on COS from H-1B to F1. Suppose a person is working on H-1B visa and goes through a layoff. One of the options is to change to F1 visa.

No that's not true. F1 is not an option at all, please do not abuse the F1 program. The only option is COS to B2.

(1) How long does this process take? I mean if the layoff happens, say, at the middle of a quarter/semester, can he still enroll immediately and transfer to F1? Do universities/colleges allow that? I am doubtful, but on searching the internet, I do see many posts where people clim doing so.

(2) In case one cannot get admission immediately (probably because a semester/quarter is already underway), can the he first change to B2 and then change to F1 after a few months at the start of a new semester?

(3) Will it be okay to get admission in a community college, or does it have to be a university? Also, I'm curious about what courses people usually enrol in in such circumstances.

(4) Finally, if the person gets a new job and changes back to H-1B, does it have to fall under the H-1B cap requirements, or will he be exempt from cap?

1.No that's not possible. Schools have deadlines in accepting the applications. You cannot simply join a school to maintain your status

2.B2 is the best thing to do, but not sure how many days you can stay under this status

3.You have to get admitted into those schools which have accreditation, not just any school

4.exempt from cap.