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Change of Status from H1b to F1
Anonymous3 views3 answers
I am currently working on H1b visa. I am planning to go back to school this Fall 2010 and hence change my status to F1. I have following questions:
1) How much time does it take for change of status from H1b to F1? When would be a good time to send the documents to USCIS?
2) When would be an ideal time to let my employer know that I want to quit. I was thinking of first week of August; but is it okay to quit before the approved change of status comes?
3) Can I start my studies which will start in mid August 2010 even if I have not received approved change of status from USCIS by then?
Thanks
tuart Jonas ReichImmigration AttorneyNew York, NY ·
1) Anywhere from two to four months, usually about three though they have been getting a bit quicker.
2) In theory, it should be OK to quit before an approval change of status as long as you have at least filed for the change of status, and can demonstrate maintenance of status with pay statements. However, I have seen the California Service Center require pay statements to prove maintenance of status even through the time a Request for Evidence is sent (I don't think they are right to say that this is required, but you probably don't want to be in the position of getting a denial, even a wrong one).
3) Check with your school's foreign student officer, but generally you SHOULD be able to begin your studies even before the approval, even if on a course-auditing basis.
Speak to an attorney about the specifics.
Well you can file from H1 to F1. Your school should be able to help you on this. I will advise to not quit until you finalized. You should have an approval before you start school although on H1B you can still go to school.
Good Luck
Shah Peerally
Founder and Managing Attorney of Shah Peerally Law Group PC
The Law Firm Deals in Immigration law & Debt Relief
Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
Processing times for Immigration are affected by the organization of the application and the supporting documents. For example, if Immigration requests additional evidence and this is not provided until seventy days after the request has been made, the case is delayed much longer than if the documents are supplied to Immigration a week after they are requested. Because time is of the essence in your case, I strongly recommend that you hire an immigration professional on your matter. Please call my office to schedule a consultation.
Although the law allows you to quit your H-1B employer before your change of status is approved, I would recommend waiting. A bird in the hand is worth three in the Immigration processing bush. Likewise, although you are allowed to study to a certain extent even if you are in H1 B status, I would also wait until your change of status is approved.
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