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  • H1 to F1 transfer

    Hi All,

    I was on H1 visa from Oct 2008. However, I was laid off from my employment and my employment termination was in May 2009. I applied to a Masters program and I have been admitted to it for the Fall semester 2009 starting Sep 2009. I now want to apply for a change of status from H1 to F1. I understand that it can be done in two ways; either applying from within the United States or going to my home country and applying for a fresh F1 visa.
    I was wondering what would be better to do for my case or where do I have a better chance of getting an F1 visa. Is there a risk for applying for change of status from within the US?? Is it better that I go back to my home country and then apply for a new F1 visa???
    Please help and let me know your experiences if you have gone through the same situation as mine.

    Thanks in advance,

  • #2
    If you're terminated and your H1 is canceled by your employer, you're out of status and can't apply for change of status from H1 to F1 from US. You've to leave US and reenter on F1.

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    • #3
      Thanks sk4ih,
      Does USCIS overlook an overstay of a couple months in the US???..... How good would my chances be if I go back now after a couple months post termination date and apply for F1 from outside the US?
      I dont have an idea if my company has terminated my H1 visa yet.
      Thanks,

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