h1->f1. please help!!!

[wjma2k]

h1->f1, important information.

I am holding an h1b visa and may be laid-off after 3 months. So I am thinking about changing to F1. I have got the following questions. Any information will be very appreciated:

Is there a requirement that H1 to F1 conversion application has to be filed less than 30 days before the start date on I-20? (Some posts on the Web mentioned about this requirement. However when I checked with some universities they told me it's not required. So I get very confused.)

If in March 2007, I get an I-20 for September 2007 admission and submit the applicaton for change of status from h1 to f1. If I get laid-off in May 2007, is it legal for me to stay in the US and waiting for the result of my h1 -> f1 application?

If i got approved in June, which means I am not on H1 anymore, however, I can not register any class before September, is it legal for me to stay in the US from June to September?

Thank you very much.

 

[LucyMO]

If in March 2007, I get an I-20 for September 2007 admission and submit the applicaton for change of status from h1 to f1. If I get laid-off in May 2007, is it legal for me to stay in the US and waiting for the result of my h1 -> f1 application?

as long as you apply for a change of status before going out of H1 status - you will be here legally until your petition is adjudicated.

If i got approved in June, which means I am not on H1 anymore, however, I can not register any class before September, is it legal for me to stay in the US from June to September?

that i don't know. I am assuming that if your change of status is approved in mid-semester, you cannot register anyway, so you would have to wait to register for next semester and be legal all that time.

If I were you, I'd start looking for another employer, so you could painlessly transfer H1 instead of changing status to F-1, unless studying is what you want to do anyway.

 

[wjma2k]

h1->f1, please enter, very important!!

LucyMo, Thank you. But I still have a question.

Here is the information i got from University of Pennsylvania http://www.upenn.edu/oip/iss/visa/status.html

"Applicants must be maintaining a valid status at the time the change of status application is received by the USCIS. That status must still be valid until 30 days prior to the program start date. Your application may be adjudicated prior to the 30 days before the program start date. However, the actual date of the change of status to F-1 cannot be more than 30 days prior to the program start date. Therefore, you must maintain your H-1 status until 30 days before your academic program is scheduled to begin."


According to this information, I must maintain my h1b status until 30 days before the starting date on I-20?

 

[LucyMO]

I wasn't aware of that rule, however, that's not an indicator that it doesn't exist. Do listen to your international advisor.

If I were you, I'd try to find another employer before you lose your current job.