Can I continue on earlier status , if USCIS denies COS

[Sachi_08]

Hi there ,

I want to apply for cos from H-1 to F-1. My H1 is valid till Oct 2014. I want to start my F1 from Fall 2013.

My worry ..... USCIS will say to return Home country immediate.

My questions.....

1.Can I continue my H1 job if USCIS denies my change of status application.

2.Can I mentione specific start date say Aug 27 ,2013 to change status

Thanks in advance

[pontevecchio]

Have you got admission to an accredited Institution?

[Sachi_08]

Hello Sir,

I was on F1 visa enrolled from Fall 2008.I was in university till Jan 2010 completed all

coursework except thesis credit hours after that

1 year OPT but couldn't finish studies so I took H1 VISA but now feel that i need to finish study first. Now I got change of status I-20

so thinking to apply USCIS cos

pl give some guidance about my worries.

thanks in advance

[pontevecchio]

1. yES. 2. sINCE COLLEGES HAVE SPECIFIC START DATES THE cos WILL BE EFFECTIVE UP TO ONE MONTH BEFORE THE COURSES START. I ASSUME YOU ARE IN VALID h1 STATUS NOW? iNN ADDITIONM YOU SHOULD TALK TO YOUR dso AND ASK FOR help. Sorry about the cap inversion.

[Sachi_08]

Oh My goodness ..thanks for your kind answers

My university will start on Aug 16 ...and I am planning to apply COS application in June 2 nd week with request COS date Aug 15 ..since i have to do only thesis credit. According to your answer it need to be July 15. But I think I can get 1 month salary in this 30 days to plan my expenses. can I ask Aug 15. (My H1 valid till OCT 15 ,2014. ) . My univ DSO is agree with this plan.

I have with me daughter and wife with their dependent I-20. But they are going back India by June 20. Because of this reason, I will apply for COS when they leave usa. It will help me to lower my cost of study. (say 35000$ to 25000$)

Also I have my Uncle from India as financial sponsorer with his bank letter stating 25000$ + affidavit of support . Is it ok ? I have very less saving from my 1 year and H1 job (say 8000$ )

Hope my adviosr will give me Letter of supoort

Is this sound good plan ?

thanks for help

[Sachi_08]

Hello

 

I have applied change of status H1 TO F1  due to job problem I got Receipt Notice (Form I-797) Now I am waiting.

 

I got information  from UNIVERISTY DSO OFFICER as follows :

 

H1 person Can  start school before change my status approval but he has to leave if it denies

 

If you go out of status due to

1 ) visa expired or  

2) I-94 expired  or

3) due to COS denied ,

 

then you have to go back home country to get new visa  "

 

However , In case of my COS  get denied and if I am doing my h1 job  , then I do not have to go back  to home country  untill  my current H1 VISA  (oct 1,2015) get expired.

 

what is opinion on this 

 

correct me if i am wrong

 

Thanks in advance 

[pontevecchio]

If you are in valid H1 status and have applied for a COS to F1 , you will continue to remain in H1 status if the COS to F1 is denied, and will need to maintain the validity of the H1 status by working for your sponsor and also getting paid as per the LCA.