Transferring H1 to F1- Please help!

[freedom21]

Hello All,

Here is my background: I am on H1B status and have been working as an IT professional for last 3 years. I also have been taking a few classes for my part time Masters degree. Recently I have decided to go back to School fulltime and finish the Masters degree. Thus I have to change my status from H1 to F1.

I have been doing a lot of research on how to go about changing my status and have a few questions:

1) When does my status change? Meaning, once the USCIS gets my application for COS, I am still on H1B, correct? If that so, how do I know when my status has changes to F1? Do I get an Official Approval from USCIS? Or my status changes as soon as the application for COS is pending (on going)? Or is there a date or time when (i.e. from January 2009) from when my status will change?

2) What Time do I need to tell my Employer that I will be leaving the Job? Meaning should (or can I) I wait till I get an Official Approval of my COS application and then give the employer a 2 weeks notice ? OR do I need to let them know as soon as I apply for COS?

3) What happens for some unforeseen reason, my application for COS gets denied? Am I still on H1 B and can continue my job without any hassle?


I have been doing a lot of research and could not find reasonable answers for these questions. Could anybody please, please help me with these?

Thank you very much in advance!!

Freedom is a very precious thing! Not because it is tough to achieve! But it is very tough to keep!

[Tino]

If your H1B is valid and you meet the requirements (you are working), then you will keep your H1B status until your F-1 is approved. Then your F-1 status will start from the date immigration gives you. It should be the date school starts (the date on your I-20 from the school) but they can make it different. When you apply you can indicate that you are working and wish to continue work up until school starts. But it should be OK, usually for university they make the COS date the date on the I-20.

So:
1) Status changes on the date that immigration puts on your approval. Should be same as I-20 date. In other words, change should be from when school starts
2) Up to you. The honest thing is to tell the employer when you apply for COS, but I think it depends on how you think they will react. If you think they are understanding you can tell them when you apply.
3) Depends. If you employer will keep you and H1B is still valid, should be OK. But I really really doubt this will happen. Most people want to chage F-1 to H1B! Changing from H1b to F-1 is kind of going down a step. i think approval should be 99.9%

You know you can study on H1B as long as you maintain your status through employment. Why give up the H1B and job, especially in this economy? I dont know your case, but just generally, a lot of people on F-1 would kill for an H1B.

Tino

[freedom21]

Hi Tino,

Thank you very, very much for the information! Also, I really appreciate the advice. I completely agree with you about an H1 and a job in this economy. But, I guess, sometimes to get further, one must take a step backward.

One quick clarification! About #3, where you said "Depends. If you employer will keep you and H1B is still valid, should be OK.", my question is, why the employer would not keep me? Meaning, is there a way my employer can know about my application for COS unless I tell them ? if I decide not to tell my employer till I get a solid notice from the USCIS about my COS, then in case of denial, I do not have to let them know anything, I can just continue on with my regular job, is this correct?

Again Tino, thanks a million for the information! This is really helpfu! God Bless you for helping us all!

Freedom is a very precious thing! Not because it is tough to achieve! But it is very tough to keep!

[prch]

Hi,

My H1B extension is denied, I-94 expired 4 months back

1/ Can I transfer H1 to another company ...

2/ If not, can I go back to F1?

3/If not, can I join kaplan to save Status?

I was working till last week when the my lawyer sent me extension denied notice

--thanks,

[Tino]

Hey prch,

Sorry, bad news:
1) No
2) No
3) No

from what you have told me, you have no status (that is: you are out-of-status). When you are out-of-status there is nothing to do.... you have to leave the USA.

Of course, you should first discuss with your lawyer. But in my non-expert opinion, I see no options.

Tino