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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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His 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.
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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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.
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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.
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You want to be within a legal status to transfer to F-1, better do if from the home country.
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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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