Attorney & Law Firm Directory Verified US Attorneys
Sign In Free Sign Up

Gap period between H1B and F1

Immigration 9 views 5 answers
I was on H1B and was terminated on Apr 17 without advance notice. I applied grad school and was accepted to summer admission starting on Jun 29th. I was told as long as I filed COS within 30 days it should be fine, I got my I-20 on May 11th and school official messed up the timeline, they Aug 25 on I-20 instead of June 29 so and it took additional week for them to mailed my new I-20, and I finally mailed out my I-539 along with other documents on May 20th to Dallas by express mail. Am I going to have issue with this application?

Attorney Answers

5
Christopher Wesley TotaImmigration AttorneySherman Oaks, CA ·
You have two issues: (1) You are no longer in status under H-1B and (2) you can only a gap of 30 days between start of F-1 and starting classes. There is no grace period for H-1B. Once you are no longer employed by the H-1B employer, you are out of status. Very small periods of out of status before file for change of status may be overlooked by USCIS. However, you are likely to have an issue because the you have no valid status for longer than 30 days before you will begin school. These are very complicated and time sensitive issues and you need to speak with an qualified immigration attorney immediately.
0 upvotes
Lisa York ·
There most likely will be problems with this application. You will want to consult with an immigration attorney to figure how best to handle the situation.
0 upvotes
Macarthur Pierrelouis ·
I agree with my collegues, but any issue with the process the USCIS will let you know by requesting aditional information from you.
0 upvotes
J. Jae LeeImmigration AttorneySchaumburg, IL ·
I agree with other attorney's assessments of your potential issues, Please consult with a local immigration attorney to figure out not only your COS issue but also your plans after the completion of a graduate study.
0 upvotes
Stephen Berman ·
You should take the I-20 and get the visa abroad.
0 upvotes

People Also Asked

H-1 visa holders unemployment benefits… 1 answers Can I change status from B1/B2 to F1 without leaving US?… 0 answers Do all misrepresentations carry a lifetime bar or just (ii) where you claim to be a US cit… 0 answers Will I have any problems applying for citizenship, having filed taxes late?… 0 answers F2 Visa to H-1B Visa with little complications?… 0 answers I aplied for political asylum in USA,I want to know if i can travel in other counties than… 0 answers

Browse by Practice Area

Litigation 203,510 attorneys Real Estate 156,159 attorneys Personal Injury 149,024 attorneys Criminal Defense 99,634 attorneys Family Law 95,894 attorneys General Practice 90,854 attorneys Business Law 84,818 attorneys Business 82,448 attorneys Criminal Law 72,552 attorneys Intellectual Property 61,381 attorneys

Browse by State

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii