H1 to F1 Change of Status

[vhw]

Hi all,

I plan to change my status from H1B to F1. I have got an I20 for the summer semester which starts on May 20. I am quite certain that the change of status will not be approved before the classes begin. Can I apply for a COS using the summer I20 and then defer my admission to fall when the COS come through? Can I stay in the country till the Fall semester begins? I really want to begin classes in the fall but do not want to leave the country because I want to avoid the risk of my student visa being rejected at the US consulate. Is there a way I can start college in the fall on 1st September and still stay here legally till then? I plan to file for the COS application on the 1st of May.

Thanks in advance for your responses.

[txh1b]

Once your COS is pending (provided you were in valid status at the time of applying for COS), you can continue to remain in US until a decision is made on the application by USCIS.

[hobbes1978]

On the same note - how soon can one apply for change of status from H1 to F1? Say your start date on I-20 is September 1st- when is the earliest you can apply for a COS and can you request for COS start date to begin August 1st? (something about 120 day rule and 30 day rule which I know I had adhere to when I went to the consulate to get my student visa stamped). Just a lil confused on that.

[vhw]

From my understanding, one cannot be in the country 90 days before the semester begins. That is why my question of applying for summer and defer admission to the fall is in the uncertain area. Can I do that?

Is the rule of being in the country 90 days after the COS to F1 is approved or is it from the time I apply for the COS?

[txh1b]

The 30 day rule is for entering the country on a F1 visa. I am not aware of the 90-120 day rules. You should talk to the International Student office. They are there for a reason in every school.

[vhw]

Thanks txH1B. I shall take the matter to the International Students Office in the University.

[hobbes1978]

Thanks!

[PriyaSS]

Hi txh1b / other senior members,

I want to do part time phD, but would not want to lose H1B and want to work full time. Can I do that with out COS to F1? Are there any complications in that. My employer would be paying 90% of the cost of all the credit hours at school. Can any employer sponser this to a H1B visa holder? Is it legal to do so?


Thanks in advance :-)

[aquarian82]

COS with I-20 effective after last intended date of employment

On a related note, let us assume that:
1) Today I apply for a change of status from H1B to F1 with an I-20 for a program that is effective August 15th
2) On June 1st I resign from my current job as soon as I receive a Notice of Action from the USCIS
3) On July 1st I receive an approval notice for my change of status

In the situation described above, am I out of status from July 1st to August 15th? I understand that I can legally stay in the USA while my COS application is PENDING, but am not sure what happens in the case described above.

If the answer is no, what can I do to ensure that I remain in status?

Thank you!