Can I change status from H1B to F1 in the US?

Hi, I heard that now INS will not approve change of status from H1B to F1 in the US. Is that true? since I am planning to go to school if laid off.

Please help to answer if it is still possible to change status from H1B to F1 in the US. Thanks.

Hi, I heard that now INS will not approve change of status from H1B to F1 in the US. Is that true? since I am planning to go to school if laid off.

Please help to answer if it is still possible to change status from H1B to F1 in the US. Thanks.

I think it's still possible. However, you cannot wait until you're laid off. Under the "zero tolerance" policy, once you're out of status, you cannot apply for adjustment of status anymore.

sorry, I think you can change status from F1 to H1 in the US but not the other way around, it's a more difficult visa to acquire coming from an H1. If you get laid-off, you have 180 days to find an employer, or you lose status in the US.

Try to get the F1 in Canada first, if not, you might have to go to your home country.

Check the State department website, I remember seeing a note/addendum on that subject.

good luck!

Hi Jay,

You can apply for change of status (COS) without leaving the U.S., as long as you're maintaining your H1 status (however if you want a visa on your passport that's a different story). You're out of status the day you're laid off (or whenever the last pay-check date is) and under the zero tolerance you won't be able to apply for COS in the states. You don't have 180 days before going out of status. You'll be facing a 3-year-ban if you stay in the states out-of-status for more than 180.

check this out. It has the answers to your question.

http://www.immigration.com/faq/fvisa.html#84

So to answer your question, it's true that you won't be able to change status to F1 in the states if you're laid off (since you're out of status). There is a common misunderstanding about the so-called "grace period" for H1B. Technically there is none. The 10-day period is for you to pack and go home. However, if you can find another employment soon enough, often the INS will go easy on it and let you transfer your H1B. My point is, the rule is harsh for H1B holders so it's always a good idea to be prepared for the worst. So make a back-up plan, now!

Another thing, you should think twice before going to Canada for a student visa (if you need a visa on your passport). After April 1 you won't be able to come back to the U.S. if your visa application is denied.

This website explained the "zero tolerance policy."

sorry.. here's the website

http://www.tht.com/pubs/SearchMatchP...?ArticleID=816