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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 ?

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 ?

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Attorney answers 6


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.
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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.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


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 Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


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.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500

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