F1 to H1b without OPT

[ani_rudha]

Hi,

 

My standing:

 

• I got my H1b Approved recently. The start date of my H1b is October 1, 2013.
• I am still on F1 student visa (I am not graduating anytime soon). My Sevis also indicates a change of status.
• My fall semester starts today August 27, 2013.

My Question:

 

• Do I have to register for fall semester? Even though i know i will drop my classes on october 1.
• My School's international office says that i need not register they will keep me in status. Can they do that? Do they have athority to do that? Is there a law that allows them to do that?

 

Thanks in advance.

[jairichi]

Hi,

 

My standing:

 

• I got my H1b Approved recently. The start date of my H1b is October 1, 2013.
• I am still on F1 student visa (I am not graduating anytime soon). My Sevis also indicates a change of status.
• My fall semester starts today August 27, 2013.

My Question:

 

• Do I have to register for fall semester? Even though i know i will drop my classes on october 1.
• My School's international office says that i need not register they will keep me in status. Can they do that? Do they have athority to do that? Is there a law that allows them to do that?

 

Thanks in advance.

I believe if you do not register you are out of status. 

[rahul412]

Hi,

 

My standing:

 

• I got my H1b Approved recently. The start date of my H1b is October 1, 2013.
• I am still on F1 student visa (I am not graduating anytime soon). My Sevis also indicates a change of status.
• My fall semester starts today August 27, 2013.

My Question:

 

• Do I have to register for fall semester? Even though i know i will drop my classes on october 1.
• My School's international office says that i need not register they will keep me in status. Can they do that? Do they have athority to do that? Is there a law that allows them to do that?

 

Thanks in advance.

If you don't register, then what will be your status from today to Oct 1st??

[venky_617]

If you can take a break or if your college doesn't object you can do it, i did that in the past i waited for 1month without registering for the semester, if your college can allow you to wait i hope it is not a problem, only should be concerned of is your sevis should be active, if it is there wont be a problem

[JoeF]

You have to register, otherwise you would be out of status from the beginning of summer recess on.

Students are only considered to be in status during summer recess if they enroll in Fall.

[adit262]

Hi ani_rudha,

 

I am in the same boat as you. I havent finished my degree (have my thesis left) but joining full-time from Oct 1. 

You can ask your DSO in the international office to apply for H1B Cap-Gap which maintains your F1 status till Sep 30 (this is probably what they mean by 'we will keep you in status.').

I am currently on cap-gap and my H1B lawyer told me as well that I do not have to be enrolled for Fall. 

 

BTW, how did you find that your SEVIS indicates a change of status?

 

Hope that helps!

[JoeF]

Hi ani_rudha,

 

I am in the same boat as you. I havent finished my degree (have my thesis left) but joining full-time from Oct 1. 

You can ask your DSO in the international office to apply for H1B Cap-Gap which maintains your F1 status till Sep 30 (this is probably what they mean by 'we will keep you in status.').

I am currently on cap-gap and my H1B lawyer told me as well that I do not have to be enrolled for Fall. 

 

BTW, how did you find that your SEVIS indicates a change of status?

 

Hope that helps!

Cap-gap ONLY applies to people who have graduated.

[rahul412]

Hi ani_rudha,

 

I am in the same boat as you. I havent finished my degree (have my thesis left) but joining full-time from Oct 1. 

You can ask your DSO in the international office to apply for H1B Cap-Gap which maintains your F1 status till Sep 30 (this is probably what they mean by 'we will keep you in status.').

I am currently on cap-gap and my H1B lawyer told me as well that I do not have to be enrolled for Fall. 

 

BTW, how did you find that your SEVIS indicates a change of status?

 

Hope that helps!

As far as my knowledge is concerned, CAP GAP is for graduated students not for current students. Correct me if I am wrong.

[jairichi]

As far as my knowledge is concerned, CAP GAP is for graduated students not for current students. Correct me if I am wrong.

Even I was of that understanding. I always hearCAP GAP from students on OPT and H1B being approved.

[adit262]

You can apply for Cap Gap even you havent graduated or not on OPT.

The only requirements for applying for CapGap extension are maintaining F1 status and having a pending/approved H1B change of status petition.

While it is more common for OPT students it also applies to students not on OPT.

[rahul412]

I am currently on cap-gap and my H1B lawyer told me as well that I do not have to be enrolled for Fall. 

 

I think you should contact some attorney before its too late