Admitted student H1B to F1

cherylzh

For those of you who are in H1B status in the states, how will you change your status to F1?  I know there are currently two options:

1. File a change of status to USCIS and wait for the approval.  But then you are stuck with your current job and have to remain on H1B status until one month prior to the program start date

2. Go back to China and apply for the visa.  But the down side is the risk of getting a visa denial, and not being able to enter the states until one month prior to the program start date

I would like to take a three-month break before the program starts, but don't want to run the risk of getting a visa denial.  Any insights will be greatly appreciated!  Thanks!

Whitney

I think you will be fine because of 2008 Olympic Game -too much media attention & Bush will be there.
Check if you can go to Mexico or Canada for F1 visa.
or
Get your I20, fly back to China, apply visa, then take a vacation.

nodatg

To cherylzh,

in your option 1, you mentioned that "But then you are stuck with your current job and have to remain on H1B status until one month prior to the program start date"

does this mean you can leave your current job for school one month before the official start date on I20?

 Since the COS may take 3-4 months, and you can only request COS 4 months before the start date. In most cases, you are still a H1 one month prior to start date. can you quit H1b job and legally stay in US before COS gets approved?

cherylzh

以下是引用nodatg在2008-3-29 8:56:00的发言：
To cherylzh,

in your option 1, you mentioned that "But then you are stuck with your current job and have to remain on H1B status until one month prior to the program start date"

does this mean you can leave your current job for school one month before the official start date on I20?

 Since the COS may take 3-4 months, and you can only request COS 4 months before the start date. In most cases, you are still a H1 one month prior to start date. can you quit H1b job and legally stay in US before COS gets approved?

Yes, you can quit your job and legally stay in the states after you mail the COS documents to USCIS and get a receipt notice from them.  You may not do so until only one month prior to the program start date though.

nodatg

Many thanks to Cherylzh.

another question:  You need to write an effective  date  for this COS. What will happen if I quit before this effective date?

Let's see. My school starts Aug. 1. I choose my F1 status to be effective since July 15. If I quit on July5, what will happen? what's my status between July5-15?   Pending??