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COS-H1b to F1- Help!!

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  • COS-H1b to F1- Help!!

    Hello,

    I am presently on H1b and have applied for a Change of Status to F1 (Documents Received by USCIS on 8th July 2010). My COS to F1 is still pending, no update from USCIS. I have registered for 12 credit hour of classes and have been attending classes for past 2 weeks and working. It is getting increasingly difficult to maintain both job and class. I cannot continue both for a very long time. Now I have 2 options in front of me: 1) Quit job, which means cancellation of H1b and attend classes and wait for approval of the COS, 2) Withdraw from college work on H1b as usual.

    I am not sure any of the above option is actually possible at this stage. Possibility of Option#1 is not achievable because I will be out of status and what if USCIS donot approve my COS for this Fall and ask my university to send a new I20 for next spring.

    And with Option#2 - If I withdraw from college (which I donot want to do) and continue to work on H1b as usual then if after few weeks and months USCIS approve my COS starting this Fall. Then again I will be out of status as I am not registered for 12 credit of class for this Fall.

    Experienced people please help me out with some suggestions.

    P.S - My classes has started from 23rd Aug. 3rd Sept is the last day for registration or withdrawl.

    Thanks
    Pramit Sengupta

  • #2
    Unfortunately both options have the risks that you clearly understand.

    If you really want to study, I will advise quitting the job. If COS is approved there will be no problem. If denied, you will need to leave and get an F1 visa.
    This is my opinion and not legal advice.

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