Legal Question in Immigration Law in New York

Change from h1b to f1

I am on h1b status right now, it is going to be expired on 11/2004. If i would like to go for a master degree, which means change my status to f-1, do i have to go back to my original country to process my f-1?

Thanks


Asked on 6/01/03, 1:57 pm

3 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Change from h1b to f1

You do not have to return to your home country to process a change from H-1B to F-1 status, provided you obtain and complete Form I-20 from an INS approved school, and you convert to F-1 status within the ten-day grace period. As long as you file your change of status application within the grace period, you will be allowed to remain in the U.S. while your case is pending. If you decide to go back to school, you should start the application process as early as possible to get the I-20, which enables you to change to F-1 student status. Bear in mind that many community colleges can issue I-20 on the same day when the application is filed provided all requirements are met, thus offering a temporary choice for those H-1B holders to keep lawful status in the U.S. after their H-1B expiration.

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Answered on 6/02/03, 9:16 pm
Neena Bohra Law Offices of Neena Bohra

Re: Change from h1b to f1

You can change your status in this country since you are in status. You must file the change of status application in a timely manner. You do not need to do consular processing for this type of case.

For more information on Fs and Hs, please look at my website: www.neenalaw.com under "articles"

You may call for a consultation as well at 212-279-0424.

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Answered on 6/02/03, 1:50 pm
Stanley Wayne Wayne & Wayne Law Office

Re: Change from h1b to f1

No you can do it here with form I-539.

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Answered on 6/01/03, 2:03 pm


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