H1B to F1 COS

[gemini2608]

Hi,

I came to the US on H4 visa and applied for COS to H-1B through company ABC and it was approved. I changed my employer and applied for H-1B transfer to company XYZ and has been working on receipt notice for a bank through XYZ. USCIS issued an RFE on H-1B transfer. We are exploring options just in case my H1-B gets denied.

I got an admission in the MS program at a decent university. The university asked for a letter stating the reason for changing status to F1 so that they can furnish the I-20.

Following are my questions:
1. If I give this letter to the university, is it mandatory to change status to F1?. If my H-1B transfer gets approved, can I continue on H-1B?
2. Can I apply for COS from H-1B to F1 within the US or do I need to go to India for stamping?

Appreciate your response. Thanks.

[Nattybone]

Hello, Gemini2608.

From what i understand, you are always free to switch from one visa status to another, wherever it is applicable, as long as you maintain legal status in USA. Once you are issued F1 status, you could again later on switch to H1 or H4 or whichever visa you qualify for. The caveat for F1 is, you will have to pay the semester fee failing which, they could cancel your I20 and you could resultantly lose your F1 status / legal status in USA. Once you have switched to a new visa status, you no longer need to pay any fee for F1 or meet criteria of the old status.

Normally, one is able to switch status (COS) - Change of Status while staying in USA. There are occasions when the applicant is asked to go for Consular Processing, i.e.: Leaving USA and attending the visa interview, for the visa sought, outside USA and then returning.

I am not aware how multiple petitions are handled. E.g.: On May 16, you file for H1 and then on May 25 you file for F1. I am not sure finally which status is granted - but if you get two approvals, you could finally do a final status adjustment and choose the one you want. I am not very certain on how this is done, so do seek some more inputs on this, please.

Wishing you luck.

Cheers,

Hi,

I came to the US on H4 visa and applied for COS to H-1B through company ABC and it was approved. I changed my employer and applied for H-1B transfer to company XYZ and has been working on receipt notice for a bank through XYZ. USCIS issued an RFE on H-1B transfer. We are exploring options just in case my H1-B gets denied.

I got an admission in the MS program at a decent university. The university asked for a letter stating the reason for changing status to F1 so that they can furnish the I-20.

Following are my questions:
1. If I give this letter to the university, is it mandatory to change status to F1?. If my H-1B transfer gets approved, can I continue on H-1B?
2. Can I apply for COS from H-1B to F1 within the US or do I need to go to India for stamping?

Appreciate your response. Thanks.

[gemini2608]

Thanks for your prompt response Nattybone.

[kadkhiq81]

H1B to F1 COS

1. Your status will not just change by just getting I 20. You need to apply COS form ( I 539) along with your I 20 to avail F1. So, you can wait for H1 result and then decide upon. I would recommend to upgrade your H1 petition to premium and you will get the result in 15 days.

2. Yes, You can only apply COS when you are in the US.

My best suggestion would be to upgrade to premium and get the result in 15 days. And then decide based on the decision. It would avoid multiple petition to USCIS and would save you from confusion of last action rule.

This is my opinion.