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 ?
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.
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Carl Shusterman, Esq.
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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.
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.
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