CAN I change my H1B visa to F1 visa in USA?

Question

I am on H1 b visa and I am planning to attend college this fall and i would like to change my status to F1 visa. How long will it take to adjust the status in USA??? Do I 20 issued by college is good enough to attend college?? do i need to go outside US to get my F1 visa

Answer 1

You can file a request to change status from H1b to F1, but to get a new visa, you'll have to apply back home or at least outside of the US.  You can't attend college legally unless you change status or get a new student visa. Once you leave your H1b job, you'll be out of status, so if you want to do this in the US, you'll need to apply to change to student status before that happens. If your change is approved, you can stay in the US  as long as you're in your school as a full time student, but if you want to travel outside of the US, you'll need a proper F1 visa to return.

Answer 2

Actually, you do not need to go abroad inn order to get the change of status from HB1 to F1. You can apply, after obtaining your I-20 from the school, fill out the I-159, and submit all the required paperwork. But you have to keep in mind that once you apply to change your temporary status, you're giving up your working permit/visa. It may take around 90 days to get an answer from the INS about the F1. To obtain your stamped visa on your passport you would have to go to your permanent residence country, and request the printing of your visa. Nevertheless, when you go to the US consulate, you are not totally entitle to the visa, is the decision of the consular officer if he grant you the visa.