Change status from H1B to F1

[annamadhusudhanan]

Hi,

 

I am in H1B visa. My visa ends 6th year on June 2014. My employer applied the GC labor PERM on Feb , 2013(before completion of 5th year).

 

If there is any issue in PERM, and before completing the 6 years duration, can i change my status from H1B to F1(joining as a student in college)?

 

if i join as student as F1 visa and stayed here for 2 years, still do i need to stay out of country for one year to rest the H1B 6 year cycle?

 

Or can i continue and stay in US without move out of the country?

 

Can i conintue the existing H1B and apply the extension or do i need to apply a new H1B and continue?

 

[omshiv]

Instead..i'll suggest you a easy way out. You have lot of time until June 2014.

 

PERM result should come out in a month or 2. Then apply I-140 in PP..you'll get the results in 15 days...if its approved then your employer can extend your H1B.

[jairichi]

Yes, you need to stay out of US for 1 year to be eligible to apply for a new H1B (cap subject) petition.