Help: Transfer from H1B to F1

Tao Xu

New Member
I graduated with M.S. degree this year and just got laid off from a company. I was notified on Oct. 22 and my paycheck will be terminated on Dec. 23. Right now I am with H1B visa. I plan to go to school for a Ph.D. in fall, 2002. However, I need to keep my visa status valid before that time. My advisor in my previous school could help me with some fundings. However, it is not as much as the salary of a full time job. I am not sure if I can transfer to another H1B when I work in university as a research associate. The other way is to register as a full time student in my previous school.

Here are my questions. I\'d appreciate someone could kindly give me advice or directions.

1) Can I transfer H1B visa while I work temporarily in a university?

2) Do I automatically lose my H1B status if I get an I-20 form? I mean, if I apply a school and receive an admission, I can\'t work anymore even if my H1B visa hasn\'t expired yet.

3) Do I need to get I-20 before my H1B visa expires, say at the end of this year? Or I can still transfer to F1 after my H1B visa out of status? Is there a time limit for that?

4) In the case I get the I-20 form after my H1B visa expires, do I need to go to another country and reenter U.S. to get my F1 visa? Can I transfer my visa without leaving U.S.?
 
H-1B Transfer

I applied for H-1B transfer in July. INS requested RFE in october and I sent the clarification in November. It is approved on 30-nov-01. I started working early november, so I\'ve current paystubs. From August through november I didn\'t work for any company. According to new law, do I have to start working for the new company once I got my receipt notice(got in august)? Will this create problem for me in future. What if I apply for H-1 transfer in december with another company?
 
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