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Can I stay in country during Grace Period? Would it be issue during GC?

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  • Can I stay in country during Grace Period? Would it be issue during GC?

    I was on H4 and then I did COS to F1, I have applied for H1 this year which will get approval pretty soon and will be active from OCT 1st but I just got approval for F1 which I had Applied before H1 and because of F1 I will need to start school from September 3rd, I don't want to pay $8000 to school just for Sep 3 to OCT 1, so i wanted to cancle my F1 but then I will go out of Status between Sep 3 to Oct 1 but I have heard there will
    be 60 days Grace Period, so is it ok to stay in country for 60 Days?

    Will there be issue during Green card for these 60 days period when i stayed in country?

  • #2
    Please do not be Out of Status in the US, even for 1 day. If you are out of status, then you would be unable to get to a/any status while being in the US. You will have to exit the country to be on a valid status and that would not be hassle-free.

    This is my personal opinion, i am not a legal expert.

    Hope this helps.

    Cheers,

    Originally posted by psd View Post
    I was on H4 and then I did COS to F1, I have applied for H1 this year which will get approval pretty soon and will be active from OCT 1st but I just got approval for F1 which I had Applied before H1 and because of F1 I will need to start school from September 3rd, I don't want to pay $8000 to school just for Sep 3 to OCT 1, so i wanted to cancle my F1 but then I will go out of Status between Sep 3 to Oct 1 but I have heard there will
    be 60 days Grace Period, so is it ok to stay in country for 60 Days?

    Will there be issue during Green card for these 60 days period when i stayed in country?
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

    Comment


    • #3
      Complicated situation - Quick Response needed. ASAP

      HI All,

      I had very complicated situation for H4/F1/H1. Quick response will be appreciated.

      I was on H4 and then I filed H4 to F1 COS and H1 application also.

      DETAILS and Dates,

      --I was on H4 since Jan 2012.

      --Applied for F1 in NOV 2012.

      --Applied for H1B on APR 2013

      --Got approval for F1 on AUG 3, 2013

      --School starting date is Sep 3, 2013


      I have few questions as below.

      1. if we cancel myF1 because we don't want to pay school for Sep 3 to Sep 30(assuming H1 will start from OCT 1), can she stay in country based on H1-B filed and pending?

      2. if we cancel this F1 before school start then can i automatically go back to H4 or we need to apply for COS again?

      3. what happens if school cancel her I-20 and SEVIS before sep 3, do I go out of status?
      (I have heard that if i cancel before SEP 3 then it should be ok and i can still stay in country because My H4 is valid till 2015, is it true?)

      Comment


      • #4
        Hello,

        I am not a professional. I have some queries. Are you not on F1 now? If Yes, then you need to do a Change of Status to gain another legal status. If you are on F1 and have it cancelled, then would you not be Out of legal Status? You would have no status, isn't it?

        I hope this helps.

        Cheers,

        Originally posted by psd View Post
        HI All,

        I had very complicated situation for H4/F1/H1. Quick response will be appreciated.

        I was on H4 and then I filed H4 to F1 COS and H1 application also.

        DETAILS and Dates,

        --I was on H4 since Jan 2012.

        --Applied for F1 in NOV 2012.

        --Applied for H1B on APR 2013

        --Got approval for F1 on AUG 3, 2013

        --School starting date is Sep 3, 2013


        I have few questions as below.

        1. if we cancel myF1 because we don't want to pay school for Sep 3 to Sep 30(assuming H1 will start from OCT 1), can she stay in country based on H1-B filed and pending?

        2. if we cancel this F1 before school start then can i automatically go back to H4 or we need to apply for COS again?

        3. what happens if school cancel her I-20 and SEVIS before sep 3, do I go out of status?
        (I have heard that if i cancel before SEP 3 then it should be ok and i can still stay in country because My H4 is valid till 2015, is it true?)
        These are my personal thoughts. I am not a professional.

        Wishing you luck.

        Comment

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