H-1 to f-1

[tulsidi]

Dear Experts,

I would truly appreciate if you can guide me in this matter. I graduated in 2007 from US school and since then I have been on H-1b. Due to current economic situation and lots of layoffs at my work place, I am planning to go back to school to get another Masters or Ph.D. It sounds like COS process takes around 4 months. So, my questions are….

1.) When do I need to apply for my change of status? ( In other words, should I file my change of status before I resign or get layoff or this process should start after my termination from the job?)
2.) I have already got admission for both the programs. So, If I get layoff tomorrow can I file for my COS from H-1 TO F1 immediately?
3.) Am I considered out of status during the time when COS status takes place from H1 to F1?
4.) Will I be subject to cap in the future for H1?

I look forward to hear from you guys soon. Thanks for your time and help

[tulsidi]

Any senior members please reply. Appreciate your time and help

[txh1b]

1. Any type of COS has to be started before you lose your currently held status. For F1, you should also keep the semester dates in mind. Once a COS is approved, you can no longer work even if you held on to the job.
2. Yes. Better if you apply as per #1
3. No. It is authorized stay if you use #1 instructions.
4. Not if you have not used your 6 years. Read the FAQs.

[tulsidi]

1. Any type of COS has to be started before you lose your currently held status. For F1, you should also keep the semester dates in mind. Once a COS is approved, you can no longer work even if you held on to the job.
2. Yes. Better if you apply as per #1
3. No. It is authorized stay if you use #1 instructions.
4. Not if you have not used your 6 years. Read the FAQs.

Thanks txh1b. I was hoping that you would reply soon . Please correct me if I am wrong but it sounds like …….say if my employment is going to be terminated next week, USCIS should receive all required documents before that and on the day when I file for COS, I can go to school full and don’t need to maintain H-1B. is this correct? Once again thank you so much and have a great evening.

[txh1b]

You can go to school on F1 only after F1 COS is approved.

[tulsidi]

You can go to school on F1 only after F1 COS is approved.

Okay. So, I won't be having F1 but can I still go to school when COS is pending from H-1 to F-1

[txh1b]

Tricky but possible as it is period of authorized stay. You cannot work though. Best bet is to get a F1 visa and re-enter unless your coursework is already in progress.

[tulsidi]

Tricky but possible as it is period of authorized stay. You cannot work though. Best bet is to get a F1 visa and re-enter unless your coursework is already in progress.

“Tricky but possible”….. that means there is no written rule about it…. Is that correct?….I know its really tricky even I am not sure which fees (Instate or out state) I will be paying. I met with an ISO advisor and he wasn’t sure about fees. I dont know whom to ask

[txh1b]

The transient period after you lose your current status and don't have a new status is just a "period of authorized stay" and it is NOT a status. That is the reason it is tricky. Talk to a lawyer and you may get the same gray area answer.