H1B to F1 COS in USA

[amohd]

Murthy Attorney or anyone who is knowledgeable please help me clearing some questions.

 

My background:

 

I did my MBA in India and after that i worked for 3.5 years in IT as a Business Analyst in India and then last year a reputed employer here in USA sponsored me H1B and my H1B was picked up in lottery, then it was approved and finally i successfully got it stamped for all 3 years validity of my H1B.  I came to USA in October 2015 and since then I have been working on H1B and getting paid on time by my employer.

 

Reason for changing from H1B to F1:

 

While my employer sponsored my H1B he did my Educational Evaluation for my Indian MBA which was equivalent to ONLY Bachelors of Business Administration as per US Education. So now i am interested to further do my Master here in USA as a full time student so my educational would be equivalent to US Master with a hope for better career in USA or world wide as i intended to get into Managerial position later on in my career. I am not interested in doing Master while on H1B as i want to fully concentrate on studies and tuition fees for my Master is not an issue as i have my parents who are willing to sponsor for that i also have a brother who lives in USA from a long time and willing to sponsor me for my education.

 

Applying for Masters:

 

I spoke to the University that i intended to join and they said they can provide me the I20 for the next semester which is in March or May 2016 which ever i choose.My H1B is valid till Oct 2018 and my I94 is also valid till same time.

 

Questions i have:

 

1. I was checking online in USCIS processing times for H1 to F1 COS in Vermont Center as that's where i would need to apply and it says its processing the COS cases for Dec 2014 which means there is almost 12+ months processing time, is this correct or did i get it wrong as this sounds like a very lengthy time just for COS.

 

2. Lets say i get the I20 approved for May 2016 Intake and if i apply for my Change of status from H1B to F1 next month and i mention the start date for my change of status a week or 10 days before my I20 start date in May 2016 what happens if my COS doesn't get approved before the start date or on start date?

 

3. I don't intend to start the MS before my COS gets approved, as here is lengthy delay and If USCIS approves my COS after my I20 start date will my F1 status change as of the I20 start date of May 2016 or i will need to deffer my I20 to next semester lets say in August and provide them that if they ask for it? Will USCIS ask for a latest I20 before approving the COS if the date has passed the current I20 start date?

 

4. I intended to continue working on H1B till my F1 start date so i hope this will not be an issue, i will resign as soon as i get my COS approval.

 

5.For any unknown reason if my COS gets rejected can i still continue working on my H1B which is valid for another 2.5 yrs approximately?

 

 

 

 

[rohang]

1) get documents from University

2) resign from current job.

3) and go out of country

4) get F1 stamped

5) come back with f1 status.

6) Start your semester.

 

this is a fastest way. To minimize idle time, you can minimize time between 3&5.

 

But when you are taking such a big decision; dont worry too much about going from H1 to F1. If its a great college you will not have any issue in getting F1.

 

all the best!