H1B to F1. Need Advice! (VERY URGENT)

Question

I was working for a firm on H1B visa. I have a bachelor degree in business but would like to study for an associate degree in nursing. I have applied for the change of status on July 24th, 2008 and my employer cancelled my H1visa on July 30th, 2008.

I called up the USCIS office and they have mentioned that there was nothing wrong with my case yet and its still pending but the rep. told me that is always a risk transferring from H1 to F1 and the current waiting period for F1 approval is 3-4 months. And I am enrolled to start my study on August 25th 2008.

1) Since I don't have my H1B visa anymore nor my F1 yet, what status am I on now?

2) The rep at USCIS said that I cannot legally study at my school unless I have the F1 visa. Is this true?

3) Can I be in the country legally while my F1 visa transfer is being processed?

4) Would I have to leave the US when I get approved for the F1 visa stamping? What happens if it gets denied?

6) The rep. told me that since my F1 visa transfer will take 3-4 months for approval and that I can only start school next spring 2009. She said I cannot be in the country during this time (there is a high risk if I do) and can only return to the US next spring 2009. Since an F1 student can be in the US only 10 days prior to school start date. Is all of this true?

Going back home is the last option for me.

I don't know what to do. I am so confused. Any help from you is very much appreciated.

Answer 1

1. i am sorry to say that since your employer cancelled the h1b visa and your f1 visa is pending, you might be out of status.  i have a friend who was on h1b visa but was laid off.  but the next day got hired by another company and she contacted her immigration lawyer. the lawyer did the second h1b visa for her but warned her that the time that she was pending a response from uscis, she was technically out of status. but fortunately, her second h1b visa was approved a month later and she started workign for the second company.

there's nothing you can do, but wait if the f1 is approved or denied.

2.  this is true.  you cannot study without having an f1 visa.  you need to also get an I-20 from your school.  go to the college you want to study, and go to the international student advisor office to get an I-20.  they will ask you since you have a bachelor's degree, why you want to go back to get an associate degree? you tell them that you want to change careers for a nursing career.

3. like i said, you may be out of status since your h1b visa got cancelled..

4. i don't know that if your f1 is approved, you'll need to back home...the best bet for you is to contact an immigration attorney.

5. i kind of agree with the rep..contact an immigration attorney and or contact an international advisor at the college you want to study at.

but why did your company cancel your h1b? you should of stayed w/ the h1b until your f1 was approved. then you would should of given them a 2 weeks notice.....good luck.

Answer 2

The fastest way to resolve this would be to apply for a student visa outside of the US, either back home or in a nearby country, and then return on your student visa. You can't study in the US under most circumstances unless you have a student visa, but there are some exceptions. You can normally change status through USCIS while in the US, assuming approval,of course, but once you're out of status on your original visa, it's no longer possible. At that point, you are no longer legally in the US. Once you are out of status for over 6 months,you are ineligible for any visa for 3 years. Also, USCIS has substantial backlogs in everything it does, so doing it in the US can take a lot of time, which is not something you have a lot of if you want to start class in August.  So, check out usembassy.state.gov for the embassy websites around the world and get to work on setting up a visa interview so you can make it happen. Don't lose any more time.  

Answer 3

1) You have no nonimmigrant status anymore. You have an application pending for a change of status.

2) You cannot begin studies until your application is approved.

3) You are considered to be legally in the U.S. while you are waiting for an answer to your application.

4) You would not have to leave the U.S. if the application is approved.

5) If the application is denied, you will be given 30 days to leave the U.S.

6) Almost everything in number six is false except for the "only start school next spring" part.

By the way, you cannot work for anyone while you're waiting for an answer. If you leave the U.S., you will need an F-1 visa to return.