H1 to F1 With Pending RFE

[joeblack]

Hi I have a pending RFE with my current employer for H1 transfer. Currently my consultants don't have a project for me and my petition is going to get denied when my RFE date expires. My question is

Can I change my status from H1 to F1 before my Petition gets denied as I dont have client or project at present?

I do have Visitors visa, B1/B2 for 10 years, so when my H1 transfer fails, is it possible for me to switch to B1/B2

or Should I leave for India and file for F1 from there?

Which is best option for me to stay legal in US as a student. Whats the best option of the three and why.. Please tell me what I should do

[arajesh19]

Hi I have a pending RFE with my current employer for H1 transfer. Currently my consultants don't have a project for me and my petition is going to get denied when my RFE date expires. My question is

Can I change my status from H1 to F1 before my Petition gets denied as I dont have client or project at present?

--- Yes you can change to F1 from H1B. Read about bridging on the forum. You will have to prove that you were maintaining your H1B status.

I do have Visitors visa, B1/B2 for 10 years, so when my H1 transfer fails, is it possible for me to switch to B1/B2

--- You will have to apply for a COS from H1B to B1/B2. This should be done as soon as possible.

or Should I leave for India and file for F1 from there?

--- If you want to go to school, B1/B2 is not the correct choice here. First option might work for you if you have all the documentation from your previous employer with whom you worked prior to joining your current employer with whom you are expecting the H1B to get denied.

Which is best option for me to stay legal in US as a student. Whats the best option of the three and why.. Please tell me what I should do

Seniors, please add/modify and correct if there is any error.

Thanks
Rajesh