Change of status from H1B to F1


#1

Hi,

I’m working with Employer A who filed my H1B in Apr 2018. I received the approval notice in December 2018 stating that my validity is from 10/2/2018 till 12/31/2018. I had the H1 I94 valid till Jan 10th, 2019. My employer A was kind enough and had filed for an extension on Jan 3rd, 2019 & I have received the acknowledgment from USCIS for this.

With a lack of satisfaction & change of heart, I have applied for a fulltime Ph.D. & received admit from a good public university. Now, I intend to apply for Change of status to F1 & Below are my questions.

Can I apply for a change of status while H1 extension application was already submitted?
What will be my current status, when I file for a Change of status to F1?
Should I be working with Employer A while my change of status to F1 is pending?
University has informed that I will not be able to avail CPT/OPT till F1 is approved which is fine, but will I accrue any illegal days by quitting my Job with Employer A & studying fulltime?


#2
  1. Yes, should be able to apply for COS.
  2. You have valid status on H1B (H1B extension pending)
  3. I think you have to work until F1 COS is approved and it will take a long time (over a year).

You may have to go for F1 Stamping and check out F1 Visa Coaching (listed under the Happy Schools Products page) if you plan to go for stamping.

If you have more questions, ask your employer’s attorney.

And you can also use ask an immigration attorney.