H1B TO F1 - Change of Status

Question

I have an used H1B which is going to expire in September 2020. I never travelled to US and used my H1B. I am currently outside the country. I also got admitted to a Top 20 US University and my MBA classes start this Fall' 19.

I have received my I20, paid the SEVIS fee, filled my DS-160 and booked an appointment with a consulate. Will there any issues while converting my H1B to F1?

Thanks in advance.

Abhi077 · Answer

an H-1B is an employment visa. An employer sponsors someone who has (at least) a four-year degree to fill a position that the employer has open and cannot find an American citizen who has the right qualifications. An F-1 visa is a student visa. To change your status, you must file Form I-539. The thing to keep in mind here is that when you’re here on an F-1, you must have enough existing funds to support yourself during your stay. USCIS only allows extremely limited work options. In order for the USCIS to examine your financial ability to support yourself (and examine your petition), it’s going to take some time. but i don't think of any possible issues with that..

chadu2012 · Answer

Thanks  Abhi077 , but I am currently not in the United States. I never travelled to US with H1B visa, even though it was issued. I would have left my employer (who filed the H1B) by the time I have my F1 visa scheduled. Do I still need to file I539?

abhimahna · Answer

Hey chadu2012 , Those are two completely different visas and your current status will be valid based on your latest I20 and I94 forms. It won't be a conversion but all together a new visa. So, I think you should be good. Don't worry.

Gveng2019 · Answer

Hi Abhi,

I am currently on H1b for last 4 years. I am planning to move to F1 ( consulate processing in Toronto ?) this August.

My question is if you know if I can use the 2 years remaining in my H1b quota after I graduate?

Or since my petition was picked in lottery in 2013 and its already 6 years, will I have to go through lottery process again.

I am confused as I entered US for the first time only in 2015 and that when I started my H1b status even though lottery was in 2013.

I am not sure if this even matters but i read in a blog somewhere that there is a relation. I am planning to consult an attorney but since I don’t know any I wanted to get all the information I can before that as their consulting fees per hour is exhorbitant!

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H1B TO F1 - Change of Status

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