Change of status

[mandrake007]

Hello All,

My question is.

Im on H1b visa right now and my I wanted to go to school.

I did apply for COS while im on my H1b, I got the receipt also.

My last day at the company is end of june ( i will get pay check). can I legally stay in the USA till i go to school?

I hear many different versions. can some one clarify

[Nattybone]

Hello, Mandrake.

Upon filing for a petition for Change of Status (COS), one can stay in the USA for the period when the first visa status is over and the second (applied for visa) has not kicked in, yet. I will given an example and it will help.

Someone i know did the following:
Entered USA on B2 visa in Sep 2011. This person was granted a 6 month stay - till Mar 2012. In Feb 2012, this person filed for Change of Status (COS) to H1B (Had an old H1B visa from 2008). In Feb 2012, the USCIS put an RFE and gave a response date of May 2012. While this person's original stay (I-94) was till Mar 2012, he stayed on in USA beyond Mar 2012 basis the COS petition. My friend responded to the RFE in May 2012 but in Jun 2012 his H1B petition was finally denied (Reason: Job offered was not specialized - that was why USCIS has issued an RFE in the first place).

Anyway, my friend then had stayed in USA till Jun 2012; beyond the I-94 date, which was Mar 2012. My friend left USA in Jun 2012 and managed to reenter USA in Mar 2013 (9 months after he leaving USA). At the Port of Entry (POE) my friend was questioned at length about what happened during my friend's previous stay. My friend mentioned that a petition was filed for COS and that is why the extra stay in USA. My friend furnished the Denial letter from USCIS and was allowed entry in USA (another 6 months).

I hope this helps you relate to your scenario.

P.S.: My friend had also applied for a COS from B2 to F1 (Student visa) but even that was denied as the education program was commencing more than a month after his I-94 from B2 expired. F1 permits 30 days stay before the program commences. My friend's B2 I-94 had expired some 45 days before his program.

Wishing you luck.

Cheers,

Hello All,

My question is.

Im on H1b visa right now and my I wanted to go to school.

I did apply for COS while im on my H1b, I got the receipt also.

My last day at the company is end of june ( i will get pay check). can I legally stay in the USA till i go to school?

I hear many different versions. can some one clarify