H1 Change Status to F1, some questions, pls help

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USCARN

Registered Users (C)
I applied COS to F1 in early June to Vermont. There is not any news yet. I have some questions.

1) When school starts in Sept, and if the application is still pending, can I quit the job and go to school full-time at the end of August?

2) In the worst case, if later application is denied, from the time of quitting the job, to the denial, am I in illegilate stay?

I plan to leave the country immediately if denied, possibly go to Canada and apply visa there(I'm a Canadian PR).

thanks so much.
 
Same Situation

Hello,

I am in the same situation. Only difference is that my school starts in August. When I spoke with the International Student Advisor, I was told that I cannot quit the job till COS takes place. In fact USCIS site specifies that. Howevr, other option is to enroll as a part time student (if possible).

Someone Please Help!!!


Thank you much for any input.
 
USCARN said:
I applied COS to F1 in early June to Vermont. There is not any news yet. I have some questions.

1) When school starts in Sept, and if the application is still pending, can I quit the job and go to school full-time at the end of August? NO. with H1 you suppose to work full time. If it is H4 then you can do so.
2) In the worst case, if later application is denied, from the time of quitting the job, to the denial, am I in illegilate stay? Once you quit the job , you loose your H1 status.
I plan to leave the country immediately if denied, possibly go to Canada and apply visa there(I'm a Canadian PR).

thanks so much.
Click to expand...
 
Your asumptions are correct.

Repenzel said:
Hello,

I am in the same situation. Only difference is that my school starts in August. When I spoke with the International Student Advisor, I was told that I cannot quit the job till COS takes place. In fact USCIS site specifies that. Howevr, other option is to enroll as a part time student (if possible).

Someone Please Help!!!


Thank you much for any input.
Click to expand...
 
1) When school starts in Sept, and if the application is still pending, can I quit the job and go to school full-time at the end of August?

You can go to school full-time if you can maintain a full-time job. If I were you, I would negotiate with my employer some sort of deal, where they still keep you "full-time" at least until you get your F1 status. Otherwise, as soon as you quit your job, you lose H1 status...

2) In the worst case, if later application is denied, from the time of quitting the job, to the denial, am I in illegilate stay?

After you lose H1 status you have a 30 day grace period, so if you are within the grace period, you are not illegal
 
Repenzel said:
Hello,

I am in the same situation. Only difference is that my school starts in August. When I spoke with the International Student Advisor, I was told that I cannot quit the job till COS takes place. In fact USCIS site specifies that. Howevr, other option is to enroll as a part time student (if possible).

Someone Please Help!!!


Thank you much for any input.
Click to expand...

Hi Repenzel,

Thanks for the reply. Can you give me the link to the USCIS site that specifies that?
 
pvkby said:
1) When school starts in Sept, and if the application is still pending, can I quit the job and go to school full-time at the end of August?

You can go to school full-time if you can maintain a full-time job. If I were you, I would negotiate with my employer some sort of deal, where they still keep you "full-time" at least until you get your F1 status. Otherwise, as soon as you quit your job, you lose H1 status...

2) In the worst case, if later application is denied, from the time of quitting the job, to the denial, am I in illegilate stay?

After you lose H1 status you have a 30 day grace period, so if you are within the grace period, you are not illegal
Click to expand...

Hi pvkby,

1) What's the possible way to keep full-time untile I get F1 status? The school is in different city as the job, not possible to commute.

2)Where is the 30 day grace period come from? I heard there is no grace period at all. If there is 30 day grace period, I think i will be OK, by the time i will know whether I get it or not.

thanks
 
Hi USCARN,

Following is the site link.
http://www.uscis.gov/graphics/services/factsheet/howdoi/c2_english.pdf

It gives general outline.

I have been talking to my international student advisor. Speak with your school DSO. They may be able to throw more light. For me so far it only added to more of my confusion. I was considering part-time study by taking leave from job-not quit. I will get more details tomorrow from school official if it were ok with them. Apparently there is a time period after which if not registered as f-1 student, SEVIS closes the record. Before that the school has to defer the admission. So the catch is if we could still maintain H-1 status on paper and start part-time, if the admission gets defered then we will be neither here nor there.

Please check with your school officials and if they have any other information please let me alos know.

Thank you.
 
I have exactly the same worries. What if application is approved after school starts? Does the new I 94 automatically defer to the next term? I doubt since school starts at differnt times, how does CIS know when is the next program start date?

then we will really be in the middle of nowhere, cannot work, too late to catch the current term (most schools only open registration within one week program starts).

we generally need to give two-week leave notice. if the applicaiton is approved right before the school starts, Can we just leave the company next day? Obviously not a wise thing to do. In the future, we might need a good reference from the company. So comparatively, maybe it is more safe to quit the job and go to study when time comes.

I consulted the school advisor, it says H1 can go to school when application is pending, but they cannot accept assistanship or begin employment on campus. Even after quitting the job, H1 is still in authorized stay as pending application and can register as a full-time student.

However, I'm not sure what if F1 is denied, does illegilate stay count from the day of denial, or from the day of quitting the job. I consulted several lawyers, received confusing answers.

Repenzel said:
Hi USCARN,

Following is the site link.
http://www.uscis.gov/graphics/services/factsheet/howdoi/c2_english.pdf

It gives general outline.

I have been talking to my international student advisor. Speak with your school DSO. They may be able to throw more light. For me so far it only added to more of my confusion. I was considering part-time study by taking leave from job-not quit. I will get more details tomorrow from school official if it were ok with them. Apparently there is a time period after which if not registered as f-1 student, SEVIS closes the record. Before that the school has to defer the admission. So the catch is if we could still maintain H-1 status on paper and start part-time, if the admission gets defered then we will be neither here nor there.

Please check with your school officials and if they have any other information please let me alos know.

Thank you.
Click to expand...
 
My Internatonal Student Advisor is against joining the program part-time. According to her it may be considered illegal. But your school official seems to think otherwise. Which one is correct?

Anybody else in similar situation previously please help!!

School starts next week and change of status is still awaited.
 
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