H1B to F1 Change of Status while waiting for H1B extension


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Hello,

Am currently on H1B visa working for past 5.5 years in US. I always had a dream to do my Masters (full-time). Am thinking this is the right time to go back to school before I settle down by family commitments. I applied for MS to join their Fall classes this year (2015) which starts September 30th 2015. My current H1B visa expires September 2015, and is on its second extension. Based on my experience during my first extension, it took around 2 months for a decision from USCIS (when VISA expired September 2012, I 797 approval came only by November 2012). Am expecting my VISA extended till February 2016, recapturing the days outside US.

Coming back to my question. The fall classes start end of September 2015. Based on my understanding, when I apply for a status change from H1B to F1, I need to be on H1B status atleast 30 days prior to my full-time classes. Per the current VISA expiration dates, I am assuming would be covered for a status change to F1. Would like to know, what if I defer my admission to Winter 2015, with classes starting in January 2016 ? If I do so, when applying for a status change on I 539 (in September 2015 - as it takes atleast 3 months for USCIS to process status change), I would be waiting for decision from USCIS on my H1B extension (which may get delayed until November based on my previous experience), and would mean am literally out of status. 

I would need to know if my understanding is correct. Please advise, if I should join for September 2015 instead of risking my admission waiting till January 2016.

 

A

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