H1 to F1 - Change of Status

[AdamCol072]

Hello,

My name is Adam. I came to US on F1 and finished my masters in Dec 07. I was on OPT from Jan 08 to Aug 08 and after that My H1-B started from Oct 08 and is valid till Oct 2011.I have been continuously working from Aug 08 to till date. I have no issues with the pay stubs and my employer thus far.

My question is, If I wish to go back to F1(I understand I need to apply for change of status),

1. Will I be getting the OPT again as I have already used it in 2008. If so, Can I apply for 12 months and also for 17 month extension?

I went to my home country and got my H1 stamped in Dec 08.
2. Should I go back to my home country again to get my F1 stamped( considering My F1 is canceled with H1 stamping on it) ?

I understand I can apply for a change of status being in US.
3. What happens to my H1 in the future ? I have used my H1 from Oct -08 to till date, say 15 months. If I will be on F1 status from Feb 2010 till 2012(2 yrs), Can I comeback to H1 by applying for another change of status and utilize my remaining period in H1(21 months) being in US ?


Please help!

Thankyou
Adam

[txh1b]

1. OPT is given only once per each level of study. Unless you complete a next higher level of study, you are not eligible for a OPT again irrespective of the fact that you have not used the OPT period completely.

2. You can remain in the US by means of a COS if approved. If you want to travel, a stamping from the home country is needed.

3. Yes, you can use the remaining H1b later on. You would have to COS to H1b immediately apon graduation as you will not be eligible for OPT again for same level of study. Read FAQs.