H-1 to F-1

frust

Registered Users (C)
Question:

Going from H-1 to F-1, H-1 expires after F-1 is issued, can this person work until the semester starts?
 
It is my understanding that you cannot be both H1 and F1 at the same time. Once your F1 was approved, you are no longer H1.
 
When does F-1 is in effect, the day I-20 is issued or when the semester starts? Thanks!
 
An I20 is issued by a school and is a document required for an F1 visa application. Having an I20, however, does not mean you automatically get an F1. Your F1 status starts the day you present the I20 with an F1 visa application and the application is approved by BCIS. Until then, you are in H1 status.

The first day of the semester has no relevance unless your school says so.
 
Thank you very much.

My friend's situation is that he did the transition here in US. His H-1 expires in October and he worked until 8/15. The I-20 was issued on June. I am not sure whether he got an F-1 visa or not since he stayed in US in the entire time frame. I will ask him.

Your input is greatly appreciated.
 
I just want to clarify when the F1 comes into effect. If your friend applies for an F1, it is the day the F1 is approved -- not the day of the application. My prior statement was under the assumption that your friend applies for and gets approval on the same day.

As for the semester start date, most cases are where the semester starts just around trhe corner. There are cases where the school gives an I20 to the student a few months before, e.g., school issues I20 now for Spring 2004 admission.

BTW I am not a lawyer and you should consult one before taking any further action. Good luck!
 
frust:

Presumably your friend received an approval notice (for the appl. for change of status from H1 to F1) from BCIS. The notice would state something like "... your appl. was approved on xxxx". I am not sure if BCIS "back-dates" the approval but that is possible. That date is the date he/she got into F1 status. IMO the date I-20 was issued or the semester begin date are not relevant for this question.

Usual disclaimers apply.

K.S.
 
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