Q: H1B to F1 Visa
After you have been terminated while on H1B visa and managed to get into a graduate program. Can you begin study while your petition of change of status is still pending? How long does it take for the petition to be approved?
A: Studying while the COS to F1 application is pending is not allowed. The F1 app can be upgraded to premium processing to get a decision in 15 days
A:
If you have been terminated from your job while on an H1B visa and have subsequently been accepted into a graduate program, you may be able to change your status from H1B to F1 (student) visa. However, the process and timeline can vary depending on your specific circumstances.
Regarding your questions:
1. Beginning study while petition is pending: Technically, you are not allowed to begin your studies until your change of status (COS) to F1 is approved by USCIS. However, if your F1 program start date is approaching and your COS is still pending, you may contact the international student services office at your school for guidance. In some cases, they may allow you to start your program while your COS is pending, but this is at the school's discretion and not guaranteed.
2. Processing time for petition approval: The processing time for a change of status petition (Form I-539) varies and can take several months. As of June 2023, the estimated processing time for Form I-539 at the California Service Center is approximately 1.5 to 12.5 months, and at the Vermont Service Center, it is approximately 12 to 17.5 months. However, these are just estimates and not guaranteed processing times.
It's important to note that if your H1B visa has expired and you are currently in your grace period (60 days following the end of your H1B employment), you must file your COS petition before the end of your grace period to maintain your legal status in the United States.
Given the complexities involved in changing from H1B to F1 status, it is highly recommended that you consult with an experienced immigration attorney who can assess your specific situation and provide personalized guidance on the best course of action.
A: Yes. There is no issue with studying while on H-1B. The change of status petition, though, may take months to approve.
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