H1b out of status -> F1: what should I do?

E

elina2002

New Member
I was in H1B visa and was laid off two and a half months ago. since then I have been out of status. I am applying to go back to graduate school. But since I have been out of status for so long, what can I do to get a valid F visa? Does any one have any suggestions? I appreciate your help!

eli
 
Just go out of the country, get an F1 visa stamp, and re-enter. You could try fpr a change of status here in the US, but the INS decides on a case by case basis, and the time you're out of status becomes an important factor. Make sure you dont go out of status for more than 180 days, otherwise the 3 year bar comes into effect.
 
will F1 stamp be rejected because of out of status history?

Thank you very much for the reply. Yet I still have some questions.
(1) What is fpr?
(2) If I go out of country to get F1 stamp, can US consulate deny my F1 visa application because of my out of status history? If yes, how risky is that? Is there anythink I can do now to reduce that risk?
Thanks!

eli
 
1) Sorry it was a typo. I meant "for".

2) It is highly recommended that you apply for the visa in your home country. My feeling is that if you can convince the consular official that you intend to return back using strong family ties etc. then you should be able to get the visa.

Note that being out of status is not the same as being unlawfully present. The countdown to the 180 day (for 3 year bar) does not start until your I-94 expires or until when the INS communicates with you regarding your out of status situation. Being out of status is not as serious an issue as being unlawfully present. See the following as well:

http://www.murthy.com/UD02unpr.html

You may wish to consult with an attorney for expert advice.
 
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