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H1 to Student visa or Tourist Visa?
- Thread starter vasudev70
- Start date
You have to remain full time student at the university and each university has different requirement. Also, you cannot work off-campus while in F1 status unless you receive CPT/OPT authorization. In order to change to F1 you must first be admitted to a SEVIS university and receive I20 from them. Then you can file the change of status petition with USCIS.
As a follow up question to visa conversions (H1b to F1 or tourist)....
I spoke to a lawyer today and he mentioned that H1B has a total of 6 years validity. If a person gets laid off, it is best to move onto a tourist visa and then when they find a job apply for a H1b transfer. I was under the impression that there was a time limitation on the transfer, but as per this lawyer, there is no such limit i.e. if I was liad off today, and if a year from now I got a job, the visa for that job would be a h1b transfer therefore not subject to the quota. Can anyone confirm if this is the case?
I spoke to a lawyer today and he mentioned that H1B has a total of 6 years validity. If a person gets laid off, it is best to move onto a tourist visa and then when they find a job apply for a H1b transfer. I was under the impression that there was a time limitation on the transfer, but as per this lawyer, there is no such limit i.e. if I was liad off today, and if a year from now I got a job, the visa for that job would be a h1b transfer therefore not subject to the quota. Can anyone confirm if this is the case?
I am not sure about whether you can be immune from the cap after 1 year. But you cannot remain in the US for 1 year in Tourist status. First of all a change of status request to tourist will not be easily approved because as such you have no evidence that you are a tourist. Also, tourist status is given for 6 months maximum. You can always try your luck with leaving the US and coming back on a tourist visa.