H1B-->F1 Urgent Please Help

[jen]

Hi,

I am currently working in US on a H1B which still has 2 years validity. Currently my Job is at risk and i have 10days to change the status. I am however planning to change over to F1 for doing MBA and so has these following questions:

1. Once I receive I20 from the university, How much time does it take for change of status from H1-->F1?

2. Since I have only 10days and if i get I20 in those 10days and apply for COS, will i still be in status or will I go out of status?

3. I am planning on getting I20 for next semester which will be from June, So if i get change of status after 2 months, then is it legal for me to stay in US without working and without attending school for those 3 months?

4. If none of the above are legal, what are my options?

Please reply to me as soon as possible as i have very less time.

Thank You for any help in Advance

[dhiraj09]

Re: H1B-->F1 Urgent Please Help

Hey,

heres some information that I have on the questions you posted. Please review answers below in BLUE.

Thanks.

DJ.

1. Once I receive I20 from the university, How much time does it take for change of status from H1-->F1?

--> The change of status process takes an average of 2.5 months. But it also depends on the center you apply to. Check http://www.uscis.gov/portal/site/uscis for more information.

2. Since I have only 10days and if i get I20 in those 10days and apply for COS, will i still be in status or will I go out of status?

--> If you file for the change of status, I think your status will be "Pending". You should probably get an appointment at the local USCIS center that might be in a city closer to you and talk to them about your situation. There is a possibility that they might ask you to apply for a change of status to Visitor also, since that will cover the gap between the time your H1 expires and F1 starts. However, I am completely not sure on this. See if you can get an appointment and talk to them.

3. I am planning on getting I20 for next semester which will be from June, So if i get change of status after 2 months, then is it legal for me to stay in US without working and without attending school for those 3 months?

--> I think this ties in to my explanation in regards to the change of status to visitor for the time gap. But please check on it further.