Leaving country while I-539 (H1 to F1) is pending

bvimmig

New Member
I applied for a change of status (I539) from H1-B to F1. My receipt date is Aug 1st. However, they sent me a request for more information on Oct 2nd. I'm not sure if I'll get the approval before December. As I need to go to India in December, can I apply for a visa directly in India even though my change-of-status application is pending? Does the school need to issue a new I-20?

What will happen to my change-of-status application in that scenario? If it gets cancelled automatically, will I be considered out of status from Sept 22 (my last day of employment) to Dec 5th (the day I leave for India)? Will this adversely affect my chances of being issued a F1 visa in India?
 
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