Need advice: H1B to F1

T

tch

Registered Users (C)
Hi, I was laid of in early February and INS received my change of status application (F1) on April 29. Here is the question if someone experienced can help, thanks you in advance:

P/S: I applied for a local university before I got laid off, however, I did not receive the admission letter before laid off, not until early April. Thus, I file the change of status application (F1) pretty late.

1. I already receive the Notice of Action in mid May, however, I read several posting here saying that INS might request evidence letter from my ex-employer saying that when I submit my change of status application I am still employed. But in this case, I am not. So what should I tell INS or what should I do if I ever receive this request from INS ?

2. While my F1 request is in process, I got an offer from a local company. Since I have been out of status since February, how likely I can get my new H1B from INS while my F1 request is still in process ? And Can I do that ?

3. Continue from Q2, if I filed H1B request and while F1 is still in process, can I worked immediately for the company that hired me ?

I am so worry that I might get into trouble, can someone please provide some anser for me ?

Thank you.
 
Dilly Dally

1. If INS asks for evidence then you have to either provide evidence or risk denial of change of status. If the RFE is linked to your employment and you cannot provide evidence, you might be marked for deportation. Alternately, your new visa might come with the condition that you have to go out of US and get a new I94. The latter is the more common practice.

2. You have to withdraw F1, File H1 premium that way you can make sure that your h1 is maintained.
3. You should be able to work for the company immediately if the applciation is treated as h1 to H1 transfer.
 
Thank you! But what if ~

Thank you so much for your help. I still have more question and hope you can assist me:

>2. You have to withdraw F1, File H1 premium that way you can make sure that your h1 is maintained.

But if I withdraw F1, then I am in the illegal status, how suppose filling a H1 premium will get me away from being in illegal status since early February ?

>3. You should be able to work for the company immediately if the applciation is treated as h1 to H1 transfer.

Well, I was laid off in early February but of course, my company did not inform INS about my laid off. So in this situation, where I am in the illegal status (except I had been in the process of getting my F1), how can I do a H1 to H1 transfer ? Is it feasible ?

Thank you so much~
 
Ok file H1 premium

and withdraw F1 the next day. If a COS or extension petition is pending you are not considered in status.
Yes, you were out of status before applying for F1. What can you do about it. Nothing.
 
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