H1 to F1 Change of status


hari_t

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Posted

Hello,

 

I am currently on H1B and my 6 years will be over in June 2016. I am also doing MS in an University with my current H1 status. After June 2016 (i.e, H1 Expiry), I will still have 1 or 2 semesters pending for completion of my course. I have the following questions:

  1. Can I change my status to F1 without leaving US? My H1 will expire in end of June 2016, My Fall semester will start Aug 2016
  2. What is the chance of getting a successful change of status to F1? 
  3. Can I apply for CPT during my F1?
  4. Can I apply for OPT after completion of my MS(tentative graduation June 2017)?
  5. And finally, Can I get a new H1B after my MS (tentative graduation June 2017) (I would not have spent 1 year outside US, but I would not be on H1B for 1 year period starting July 2016)

Additional detail: I have spent more than 1 year in my home country in between my 2 stays of the current H1 which will expire in June 2016.

 

Thanks for your time and valuable inputs/direction.

 

Thanks,

Hari.

Posted

1. You need to file for a COS to F1 using form I539 and supporting documents.

2. Depends on documents.

3. Only if it is legitimate one. If not mandatory just do not think about that.

4. Yes, if you fulfill requirements.

5. Only if a cap subject H1B petition was filed after you have stayed outside US for a year you are eligible for full 6 years.

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