legal status question

V

Vindi

New Member
Hi All.
I completed my Master\'s degree and was on OPT for one year. My OPT has now expired and I have a 60 day grace period to pack up and leave.However, my employer has filed for my H-1, the application is on file with INS and I have the LIN number. I have also decided that I now want to quit my job and go back to school(I have got admission and I am waiting for my new I-20). My F-1 entry visa is valid till Jun 2003.Now I have a few questions:

1. If I do not get my H-1 or new I-20 before the end of the 60 day
   grace period, is my status in the US legal?
2.If I get my H-1 before the I-20, then how do I go about changing
  back to F-1? Would it be easier to go back home and return with
  the new I-20? I understand I do not have to apply for an F-1 visa
  again since my older visa would still be valid.
3.If I get my new I-20 before the H-1, can I cancel the H-1
  processing and continue to stay on the new I-20? Do I have to
  leave the country and return or can I apply for a change of status
  from here itself?

It would be great if any of you could help me out and better still if you can lead me to some INS publication in this regard.

Thanks.
 
Play it safe :)

> 1. If I do not get my H-1 or new I-20 before the end of the 60 day grace period, is my status in the US legal?

Since your H1 is in processing you could still be considered in status and the lawyers can work out this techicality. If for some reason your H1 is denied and F1 also is not there after 60 days you could possibly be out of status.

> 2.If I get my H-1 before the I-20, then how do I go about changing back to F-1? Would it be easier to go back home and return with the new I-20? I understand I do not have to apply for an F-1 visa again since my older visa would still be valid.

Yes but what if the INS systems at POE shows that after your OPT you applied for H1 and again applied for another I-20?

> 3.If I get my new I-20 before the H-1, can I cancel the H-1 processing and continue to stay on the new I-20? Do I have to leave the country and return or can I apply for a change of status from here itself?

It could be easier to withdraw H1 application if it is pending and then you can continue with the F1. But be careful if you have both H1 and F1 simultaneously. In this site you will find discussion where F1 are not allowed to work immediately after chaning from H1.
 
OPT to F1

The info is really helpful. Thank you all so much.

I have couple more questions:

Q1.
I am on OPT and it is going to expire. I am applying for another school. Please advise if I have to send all the documents to visa processing center for a new F-1? When should I send visa application? Could I go to the new school and study before I get the new F-1?

Q2.
My husband is on H1B, and he is going to be laid off. Please advise if my current school can add his name on my I-20 and should he apply for the F-2 visa? The 10 days grace period means my husband has to apply for the F-2 visa in 10 days? Or this is OK that the school add his name on the I-20 and he does not need apply for the new F-2 visa.

Q3.
If I am admitted by the new school, could I ask the new school to add my husband name on the I-20 directly?

Thank you all in advance for your helps..

Regards,
 
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