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Will getting an I20 automatically cancel my H1B ?

Dallas, TX |

I'm on a H1B and I'm applying for full time MBA. I need to change status to F1. I met with a school's International student advisor and she said once she gives me an I20, I need to stop working even though I would have not even applied for a COS by that time? Is she right? If not, how long can I continue to work on H1B after applying for COS from H1B to F1? thanks for your responses!

Attorney Answers 3


  1. Rarely anything is automatic in US immigration law. You do not need I-20 if you continue maintaining your H1B status including working for the employer on the conditions outlined in the LCA and going to school in the spare time. If you need to seek change of status to F1, you need to do that before you quit your job.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. No I-20 will not automatically cancel your legal H1B. You need to prepare and submit all required F1 documents and get them approved BEFORE your current status expires however.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  3. You only need to stop working once your COS F-1 is approved.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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