I have been laid of at the end of the last year and I am on H1B. I got two job offers, and lawyers are working on my H1B transfer cases. However, my 60 days grace period is ending soon and I am fearing they aren't gonna make it. So, can I apply for status change from H1B to F1 and have H1B transfer case, so that I am not out of status and withdraw status change application after I get H1B approval? #h1b #h1btransfer
Talk to the company's lawyers, blind may have some insights but probably won't be as helpful as lawyers. Either ask the company's lawyers Or go for a consultancy with an external lawyer for $200 or something
Ask the company to transfer you to any of the remote locations temporarily.
F1 is a one way street to more scrutiny and guaranteed RFE throughout your future H1 career
Dm me, I will send you an attorney contact. He is fantastic and it’s worth spending the money to talk to them if your company lawyer is not helping you much
I haven't talked to my company lawyer. They don't know that i was laid off, cuz it happened after i started interviewing
WHY ALL CAPS?
Didn't pay attention. No reason
I'm sure you can't go from H to F. Once in H1, always in H1. Also you can work on H1 receipt, which would take atleast 2 weeks. The best bet you've got now is go to india, get your new H1 stamped and come back. There would be attorneys in your college, who generally don't take any fee advising, consult them or attorneys from your earlier job, they definitely have an obligation to still help you out. I was in the same situation as you a few months back. I'm sure of this info.
Keyword here is “intent”. That’s what they will use to adjudicate your case. It’s considered “falsifying” or “lying” if your intent is not the same as what you say it is. Here, your intent is to maintain status. So per rules, you can switch to F1 and stay legally. But the intent for F1 should be to “study”, not to “protect my status”. You can try but, it’s a direct give away that you are doing this for maintaining your status and 99% it’s going to get denied. That’s a whole lot of bad on your long term plans until you get your GC. Not worth it. Best option is to go out of the country, come back when H1 is approved. Safe in the long term.
👆 visa fraud 101 folks
You can't do that. If the H-1B petition is filed after the grace period is over, then the F-1 COS becomes a "bridge" and USCIS has to approve it before they can consider changing your status back to H-1B. That takes months and can lead to a denial if you appear to have abandoned your residence abroad. Instead, if the lawyers cannot file the H-1B before your grace period ends, then leave the US on the last day of your grace period, and go through consular processing.
Don't do dumb shit. This sounds like abuse of the visa system. Consult an attorney about your options.
Why it's dumb? I am playing within the rules?
Will you be attending school? Are you going to be taking classes? If not, you are abusing the visa system. The fact that you are justifying it with "playing it within the rules" shows you're the kind of people f-cking the visa system up for everyone.