H1-f1-h1

[Member08]

Hi All,
If someone could shed some light on the following questions that'll be great.

1. What is the procedure for changing one's status from H1-to-F1
considering all other items, such as admission, I20, etc., have been
taken care of? Is it just applying for Change of Status (COS) and if yes,
then how to do this? OR should one forfeit/cancel their current H1 and
then apply for F1 separately?

2. Once H1-to-F1 is done how should one go about obtaining a new H1
after graduation - considering that the 6 yrs in H1 was previously
exhausted before enrolling in school? However, a 3-yr H1 extension was
obtained prior to matriculation since Labor and I-140 was approved
in the 6th year. Can these Labor & I-140 approvals be used towards
the filing of a new GC after graduation?

3. Can one file for a completely new H1 (with a total potential of another 6
yrs) since there has been a gap (as a student in F1) of more than
a year in H1 status?

thanx much and regards,

[txh1b]

1. Form I539 and fees. The school ISO should be able to guide you. Sevis fee has to be paid too.
Alternative would be to apply for a visa and return on F1 status. Once COS is approved, can no longer work on H1b.

2. If the labor and the I140 are still valid at the end of the F1 term, the person can go back to H1b filing a COS request and the GC offer is still there. If the I140 is revoked for any reason, the person has to leave US for 1 year before trying for a new quota H1b number.

3. Not unless the person was physically outside the USA for 1 year.

[Member08]

Thank you txh1b.

Is there any advantage to applying for F1 than doing COS since I'd like to use the remaining yrs in the previous H1-extension at the time of graduation?

Also, if I go the COS route, is there still a need to get F1 visa stamped?

Now, if I change my employer after I get the 3-yr H1 extension (once the
I-140 is approved), do I then have time till the last year of that 3-yr extension to decide whether or not to continue with the GC process?

thanx again.