H1B visa is expiring on 09/30/13. Want 2 go back 2 school on F1 Visa& how long i can attend classes after i receive I-20 ?

Asked about 1 year ago - Indianapolis, IN

My H1B visa is expiring on SEPT 30, 2013. I would like to go back to school on F1 Visa. When i can apply for F1 visa after i receive I-20? How long i can attend classes before applying for F1 Visa? Classes are starting in a Univ. on OCT 14. DO i remain out of status from SEPT 30th to OCT 13 th?What is the Procedure to apply for F1 Visa from H1B visa ?

Attorney answers (6)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . You can apply change status from status from H-1B to F-1 immediately. However, because of USCIS processing times, if you would like to being your studies on October 13, you should return to your country to apply for an F-1 visa.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You can file for an application for change of status from H-1B to F-1 at once. Please note, however, that USCIS typically takes 4-5 months to process such a change of status application. Consequently, if you are planning to begin your classes on October 13, then your best bet will be to fly back home and apply for an F-1 visa from the consulate there.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . My colleagues are correct ... the smart thing to do is go home to get a F visa stamp.

    A COS from H to F will take too long.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more
  4. Anu Gupta

    Pro

    Contributor Level 19

    Answered . b/w- check with the school's DSO. I think if you file a change of status from H1 to F1, the school will permit you to take classes till the F1 is approved.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    Answered . You want to be within a legal status to transfer to F-1, better do if from the home country.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Myron Russell Morales

    Pro

    Contributor Level 16

    Answered . You should have two options. First you can get the I-20 and then apply for the visa stamp at a U.S. Consulate. This usually takes just a few days and should have you back in time for the start of classes. Otherwise, you will need to apply for a change of status to F-1 and wait for approval before starting classes. This can take up to six months.

    This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at:... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,561 answers this week

3,079 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,561 answers this week

3,079 attorneys answering