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Change of Status petition from H-1B to F-1

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  • Change of Status petition from H-1B to F-1

    Hi,
    My current employer is liquidating due to adverse economic conditions and I'm trying to enroll as a full time student. The school that I was applying to has informed me that I was to go back to my home country or hire a lawyer. I was wondering if this was necessary to do that. I thought that as long as I filed my petition with BCIS, I could enroll in classes but the person I talked to at school has told me that I must wait for the acutal approval notice. Is this true? Does this mean I need to go back and re-enter US with a student visa?

  • #2
    Hi,
    My current employer is liquidating due to adverse economic conditions and I'm trying to enroll as a full time student. The school that I was applying to has informed me that I was to go back to my home country or hire a lawyer. I was wondering if this was necessary to do that. I thought that as long as I filed my petition with BCIS, I could enroll in classes but the person I talked to at school has told me that I must wait for the acutal approval notice. Is this true? Does this mean I need to go back and re-enter US with a student visa?

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    • #3
      If your employer is already out of business and you don't have a job then your H-1B status is no longer valid. In that case, the school is right, since you are technically out of status, you can't change status in U.S. On the other hand if you are still working and on valid H-1B status, then have the school issue you an I-20 and file for change of status right away.

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      • #4
        Thanks for the information Jesse.

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