H1B - F1 Change of Status

S

Sanboy

New Member
Hello Folks,

I am currently on H-1B in the US and have received an admit for a MBA program from a reputed US university along with the I-20. I would now like to apply to the INS for a Change of Status. My question is do I need to resign from my current job prior to applying for the COS? If not, can I resign after the COS is approved? In case the COS is not approved, does my H-1B status remains valid by default? Any response is appreciated.

Thanks!
 
You dont have to resign while applying

> My question is do I need to resign from my current job prior to applying for the COS? If not, can I resign after the COS is approved?

You can resign once COS is confirmed, you can even call the service center you applied to find status of application.

> In case the COS is not approved, does my H-1B status remains valid by default?

Yes if you have not been out of status.
 
question on changing H1B to F1 with a green card situation

Hello,

I have I-140 of green card approved. But my company is not applying for the I-485 stage of green card because I got laid off. But, I did get admission in a university with grant so I want to change my status from H1B to F1. Here are my questions:

1. How complicated will it be my changing to F1 from H1, when I have part of green card already processed. Will it make more difficult to get F1 visa from H1, since I have already applied for immigration.

2. Let\'s say my H1 gets cancelled. I believe in that case I will have to go my country to get F1 visa. Again, in this case, will my green card situation create any problems in getting F1 visa.

3. If I remain on H1 and then apply to convert from H1 to F1, do I need to go back to my original country. If I need not go back to my original country, how much time does it take to convert H1 to F1.

I would appreciate any help.

Thanks
 
No Title

> 1. How complicated will it be my changing to F1 from H1, when I have part of green card already processed. Will it make more difficult to get F1 visa from H1, since I have already applied for immigration.

I-485 or application for AOS is considered final step in application of GC not an approved I-140. If you have maintained status on H1 and can back it up with documents plus have money for fees and other expenses listed on I-20 you can apply for change from H1 to F1.

> 2. Let\'s say my H1 gets cancelled. I believe in that case I will have to go my country to get F1 visa. Again, in this case, will my green card situation create any problems in getting F1 visa.

Change of status from H1 to F1 will void you H1 visa stamp so in effect gets cancelled. You will have to travel to home country for a new F1 visa stamp.

> 3. If I remain on H1 and then apply to convert from H1 to F1, do I need to go back to my original country. If I need not go back to my original country, how much time does it take to convert H1 to F1.

If you remain in status in US while application is being processed you dont have to leave US. Time varies by service center you have applied.
 
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