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Thread: H1b to F1, please help

  1. #1
    I have been accepted for an MBA and registered for 1 course (part-time since I was on an H1b) in early january. I got laid off 2 weeks ago.

    What's my best bet of staying in-status?

    Should I switch my status to F1? if yes, how long does it usually take to get the approval? and can I stay part-time since the add/drop period has ended?

    OR

    Should I try to find a job asap and transfer my H1? how much time do I have if my last paycheck was on January 16th?

    These are a lot of questions, but your help is greatly appreciated.

  2. #2
    I have been accepted for an MBA and registered for 1 course (part-time since I was on an H1b) in early january. I got laid off 2 weeks ago.

    What's my best bet of staying in-status?

    Should I switch my status to F1? if yes, how long does it usually take to get the approval? and can I stay part-time since the add/drop period has ended?

    OR

    Should I try to find a job asap and transfer my H1? how much time do I have if my last paycheck was on January 16th?

    These are a lot of questions, but your help is greatly appreciated.

  3. #3
    F1 visa requires a full load per given semester. For graduate student, IIRC that means at least 9cr/semester. My question is can you achieve that even with late registration?
    If yes, then you will need to file for I-539 to change your status from H1 to F1. I think the Univ. must issue an I-20 first, but not 100% sure.

    Actually, your H1 status is revoked immediately after the company laid you off. USCIS/INS has a provision where you can leave the country in 10days (which some interpret that if you can initiate a H1 transfer during that time, you'll be fine). I think it'll depend on how fast the new company can initiate the H1 transfer so you can use your last paycheque as proof without raising RFE from USCIS. Then again, if they double check with your old employer, you might land in serious water.

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