Job loss on H-1 B - moving to F-1 Visa

[goldenhurricane]

Hi,

 

I lost my job on H-1B Visa but my employer will not cancel my visa until 30th July. With lil time left, I have no choice but to move to a private community college. They are willing to give me a new I-20 and apply for a change of status before 30th July (H-1 B cancellation date). The classes begin in Oct 2013.

 

1. Can i stay in the country and start school or do i have to go back to India and come back in October ?

2. If i get a job in the mean time ( during transition from H-1 to F-1 Visa), how will I get the new H-1 ?

3. Can i start work right away then ?

[jairichi]

Sorry to hear about your job loss. You are out of status from the day you become unemployed or pay roll stops. Canceling H1B  by your employer at a later date has nothing to do with you being in status till then.

 

(1) You have to leave the country and then enter with a F1 visa.

(2) Your new employer has to file a H1B application for you.

(3) Once approved you can begin to work.

[rahul412]

I lost my job on H-1B Visa but my employer will not cancel my visa until 30th July. With lil time left, I have no choice but to move to a private community college. They are willing to give me a new I-20 and apply for a change of status before 30th July (H-1 B cancellation date). The classes begin in Oct 2013.

Remember, you have to get paid till 30th July in order to be in status.

 

Joining some school is not an option.what you are doing is nothing but abuse of immigration rules,moreover any real school doesn't give admission within couple of days.

 

BTW, what will be your status from July 30th to Oct

[JoeF]

Hi,

 

I lost my job on H-1B Visa but my employer will not cancel my visa until 30th July. With lil time left, I have no choice but to move to a private community college. They are willing to give me a new I-20 and apply for a change of status before 30th July (H-1 B cancellation date). The classes begin in Oct 2013.

 

1. Can i stay in the country and start school or do i have to go back to India and come back in October ?

2. If i get a job in the mean time ( during transition from H-1 to F-1 Visa), how will I get the new H-1 ?

3. Can i start work right away then ?

So, are you getting paid until July 30? If not, you are out of status.

You seem to have a couple of misconceptions.

First, the visa is never canceled by an employer. The employer is required BY LAW to inform USCIS that you no longer work for him, so that USCIS can revoke the H1 PETITION.

Second, H1 petition revocation is completely irrelevant for you. You are out of status from the moment of layoff.

Third, changing to F1 is NOT an option. What you try is abuse of the F1. An F1 is for studying, not for bridging some time.Since you are out of status, a COS to F1 would most likely get denied, anyway.

Fourth, because of that, another H1 petition later would only get approved without COS, so you would have to go to your home country to get a new H1 visa stamp.

[t75]

Why are you wasting your money on a PRIVATE COMMUNITY COLLEGE?

[goldenhurricane]

All,

 

I am still on pay-roll until 30th July, so I still have a Valid H-1B Visa. So, if I enroll in a school and apply for Change of status before 30th july, Can I still stay in the country and start school in Oct ?

[rahul412]

All,

 

I am still on pay-roll until 30th July, so I still have a Valid H-1B Visa. So, if I enroll in a school and apply for Change of status before 30th july, Can I still stay in the country and start school in Oct ?

Based on what status are you planning to stay??

 

Dude, what you are doing is 100% abuse of immigration rules. You still have time, better to find another H1 employer and file for transfer. Joining some school doesn't help you out.

[JoeF]

All,

 

I am still on pay-roll until 30th July, so I still have a Valid H-1B Visa. So, if I enroll in a school and apply for Change of status before 30th july, Can I still stay in the country and start school in Oct ?

You still have misconceptions.

A visa is an entry document. It has no meaning while in the US.

Please educate yourself about these things.

And signing up with a shady college is only going to kill your future in the US.

Please get that into your head. An F1 is not for "bridging" some time. What you are trying is abuse of the F1. It WILL come back to bite you.

[goldenhurricane]

All,

 

Thanks for the feedback. I guess moving to F-1 is not a good option. I will find an H-1 transfer employer. Thanks

[satya2k1]

Hi golden,

 

Many people on this forum are very concerned  about immigration laws, and abusing them. But lot of things are happening in the real world.  Don't be fret.

here are your options:

1.  Apply for visitor visa, B2, and continue job hunting. Hope fully you will find an employer to file your H1B before B2 gets approved, which might take 3 to 4 months.  And cancel B2 petition after getting H1B approval.  Bewared,This option is not favorable for the future purposes, if your B2 gets approved. 

2.  Apply at a good univ for higher education, like MS or Ph.D, and apply for Change of status...but you will be considered out of status from Aug 1st to start of classes.  If classes start in Aug say 15th, then you might take risk by staying in USA.  Check with the college DSO. 

[rahul412]

Many people on this forum are very concerned  about immigration laws, and abusing them. But lot of things are happening in the real world.

Agreed, but if you follow the rules you will be safe.

[JoeF]

2.  Apply at a good univ for higher education, like MS or Ph.D, and apply for Change of status...but you will be considered out of status from Aug 1st to start of classes.  If classes start in Aug say 15th, then you might take risk by staying in USA.  Check with the college DSO. 

Real universities have application deadlines. The application window for Fall quarter/semester is long over.

For example, at ****, the application deadline for Fall quarter is December the PREVIOUS year.

So, if the OP were to apply at a university now, he would be accepted maybe for Spring 2014. So, he would be out of status for over 1/2 year.

THAT'S why changing to F1 is NOT an option.

[JoeF]

Real universities have application deadlines. The application window for Fall quarter/semester is long over.

For example, at ****, the application deadline for Fall quarter is December the PREVIOUS year.

So, if the OP were to apply at a university now, he would be accepted maybe for Spring 2014. So, he would be out of status for over 1/2 year.

THAT'S why changing to F1 is NOT an option.

Since the university name was blocked out, this is a public university in Los Angeles, California, a university in the UC system (which has 10 campuses nowadays, I believe.)