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Change of Status - H1B to F1
Background: Understanding H1B and F1 Visas
H1B Visa
The H1B visa is a non-immigrant work visa that allows U.S. companies to employ foreign workers in specialty occupations requiring a bachelor’s degree or higher. H1B visa holders are often on the path to securing a green card, but recent trends in technology and economic shifts have led to increased layoffs, particularly in the tech sector. From 2023 to early 2024, over 300,000 layoffs were reported across various companies, making the job market more volatile for H1B holders.
F1 Visa
The F1 visa is intended for students who wish to pursue academic studies in the U.S. It allows for temporary residence and, under certain conditions, authorized work through Curricular Practical Training (CPT) and Optional Practical Training (OPT). Transitioning from an H1B to an F1 visa offers an alternative route to remain in the U.S. legally, particularly when facing employment challenges.
Why Consider Transitioning from H1B to F1?
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Limited Time to Secure Employment: After a layoff, H1B holders have a 60-day grace period to find new employment. However, the reality is that securing a new job, going through interviews, and transferring your H1B within this period can be highly challenging.
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Flexibility in Career Choices: With an F1 visa, you’re not restricted to the occupation tied to your H1B. You can pursue studies in a field of your choice, gaining new skills and exploring different career paths.
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Extended Legal Residency: Switching to an F1 visa can extend your legal stay in the U.S. for the duration of your studies, providing a longer-term solution compared to the short grace period offered by H1B.
Last Day of Employment: How to Legally Extend Your Stay
For H1B holders, maintaining legal status depends on continuous employment and receiving regular payroll. If facing a layoff, consider the following strategies to extend your stay:
- Negotiate Unpaid Leave
- Delay Termination Date
- Secure Proof of Employment
Negotiate Unpaid Leave
Request unpaid leave from your employer to extend your employment period. This can effectively prolong your H1B status, giving you more time to transition to an F1 visa.
Delay Termination Date
Discuss with your HR department the possibility of postponing your official termination date, maximizing your 60-day grace period.
Secure Proof of Employment
The 60-Day Unemployment Period
Under U.S. immigration laws, H1B holders have a 60-day grace period to find new employment or change their visa status after being laid off. If no new employment is secured, you must either leave the U.S. or apply for a different visa status, such as B1/B2 or F1.
Timing is Critical: Apply for a change of status (COS) early within the grace period to avoid falling out of status. Legal counsel can help determine the optimal timing for your application.What If You Can’t Find a Job? Change Your Visa Status
If you’re unable to secure employment during the grace period, changing your visa status to F1 (student) or B1/B2 (tourist) can help you remain in the U.S. legally. However, the F1 visa is more suitable for those with long-term plans to stay in the U.S., as it provides opportunities for education and authorized work.
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Job Hunting with COS Pending: While your COS application is pending, you can legally stay in the U.S. and continue your job search. If you secure a job, you can apply for a new H1B without re-entering the lottery, but be sure to withdraw your B1/B2 application to avoid complications.
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Risks of Not Withdrawing B1/B2 Application: Failure to withdraw a pending B1/B2 application can impact future visa applications, potentially shortening your stay or causing you to be out of status.
Application Method for F1 Visa
There are two primary methods for changing from H1B to F1:
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Change of Status Within the U.S.: Submit Form I-539 to USCIS, along with required documents, while remaining in the U.S.
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Travel and Reentry: Exit the U.S. and apply for an F1 visa at a U.S. consulate abroad, then re-enter the U.S. with the new visa.
Required Documents for H1B to F1 COS
- Admission letter and I-20 form from an SEVP-certified school.
- Form I-539 for the H1B to F1 status change, including application and biometrics fees.
- SEVIS I-901 fee payment and financial proof.
- Copies of I-94, I-797 Approval Notice from USCIS, passport, and other immigration documents.
Day 1 CPT Universities
Change of Status
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Lexi Wu
Possesses extensive cross-cultural work experience across multiple countries, with a strong background in product planning, marketing, and data analysis. Skilled in technical writing and trend analysis, currently serving as a Product Marketing Manager at GoElite.
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- Purpose: Allows current F-1 students to extend their student status without leaving the U.S.
- Process: Typically involves updating the I-20 form with your Designated School Official (DSO) and filing with USCIS if necessary.
- Purpose: Converts a visitor status (B-1 for business or B-2 for tourism) to student status to begin or continue education in the U.S.
- Process: Requires filing Form I-539, an explanation letter, acceptance to a U.S. school, an I-20 form, and paying the SEVIS fee ($350).
- Purpose: Changes status from a student to a temporary worker, allowing full-time employment in the U.S.
- Process: Typically requires an employer to file a petition for the H-1B visa on your behalf. Once approved, the change of status can be activated within the U.S.
- Purpose: Converts J-1 status (used for exchange visitors) to F-1 status for students who wish to continue their education in the U.S.
- Process: Requires filing Form I-539, providing a valid reason for the change, and demonstrating continued eligibility for F-1 status.
- Purpose: Allows those on an H-1B work visa to change to visitor status if they no longer wish to work but want to remain in the U.S. temporarily.
- Process: Involves filing Form I-539, along with an explanation letter detailing the reason for the change, and paying the required fees.
- Purpose: Converts L-1 status (used for employees transferred within a company to the U.S.) to F-1 status to pursue education.
- Process: Similar to other student visa conversions, it requires filing Form I-539, an explanation letter, a school’s I-20 form, and payment of the SEVIS fee.
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The GoElite Times
Learn the latest news of Day 1 CPT, immigration policies and visas. We provide the views and analysis for international students to learn the insights.