H1B to F1 Change of Status Query

[viharik]

Hi,

I am planning to apply for change of status from H1B to F1 and have the following doubts:

 

1) Can i stay in US after applying for COS even if my H1B employment is over? Ex: Let us say i apply for COS from H1B to F1 on Nov 1st. My Course starts in mid of Jan. But my employment ends 1 week (say, Nov 7th) after applying for COS. is it ok to stay back in US? 

 

2) In the above scenario, if i apply for a COS, i am not allowed to leave the country..right?

 

3) Instead of applying for COS, Do you suggest going back to my home country and trying to get stamped for new F1 visa and come back? I suppose there would be chances of rejection, but is this better than going after studying for some time and taking a bigger risk (since i would spend lot of money and time by that time) at that point? 

 

Thanks.

[jairichi]

Hi,

I am planning to apply for change of status from H1B to F1 and have the following doubts:

 

1) Can i stay in US after applying for COS even if my H1B employment is over? Ex: Let us say i apply for COS from H1B to F1 on Nov 1st. My Course starts in mid of Jan. But my employment ends 1 week (say, Nov 7th) after applying for COS. is it ok to stay back in US? 

 

2) In the above scenario, if i apply for a COS, i am not allowed to leave the country..right?

 

3) Instead of applying for COS, Do you suggest going back to my home country and trying to get stamped for new F1 visa and come back? I suppose there would be chances of rejection, but is this better than going after studying for some time and taking a bigger risk (since i would spend lot of money and time by that time) at that point? 

 

Thanks.

1. Yes.

2. No. If you leave then your COS petition is considered abandoned.

3. Chances of rejection are present. Your choice.

[viharik]

Thanks Jairichi for your response. could you help with the follow-up questions:

 

1. Can you point me to any legal reference/documentation with respect to this? 

 

3. Could you elaborate? do you mean chances of rejection are same in both cases (going now and going in the mid of my studies) or there would not be chances of rejection if i go in the middle, provided i have proper documentation? I know that it would be my choice at the end but i am just seeking for a general opinion. Thanks. 

[jairichi]

Thanks Jairichi for your response. could you help with the follow-up questions:

 

1. Can you point me to any legal reference/documentation with respect to this? 

 

3. Could you elaborate? do you mean chances of rejection are same in both cases (going now and going in the mid of my studies) or there would not be chances of rejection if i go in the middle, provided i have proper documentation? I know that it would be my choice at the end but i am just seeking for a general opinion. Thanks. 

1. http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Services.pdf

 

Look for extending your stay in your current nonimmigrant status or changing to another nonimmigrant status.

 

2. Well, you need to convince VO with your reason to switch from H1B to F1. There is a better chance when you go in the middle of your studies compared to going now. It is my opinion.

 

Wait for other members comments.