H1B to F1 : Best way to stay legal after being laid off

The COVID-19 pandemic has presented unprecedented challenges for H1B visa holders, with numerous businesses forced to shut down, resulting in job losses and difficulties in maintaining a valid legal status in the USA. While there are several other visa options, like dependent visas such as H-4, J1, or F1 student visas, and L1 exchange work visas, the H1B visa remains a highly sought-after choice. 

However, recent eligibility modifications have made procuring an H1B visa increasingly challenging. Herein lies the silver lining; you can prolong your stay in the US by transitioning from H1B status to F1 student visa status. This alteration not only enhances your skill set but also affords you ample time to chart your future course of action while retaining your residency in the US. This is where Day 1 CPT universities come in handy. Enrolling in a Day 1 CPT university not only going to help you keep your legal status but also allows you to work while studying at the same time.

Understanding H1B and F1 Visas: What They Offer and Require

To break things down, let’s take a closer look at H1B and F1 visas. The H1B visa provisionally permits foreign employees to work with US employers in numerous specialized professions. These jobs typically require the foreign worker to possess significant expertise in the field and hold at least a bachelor's degree or equivalent work experience. The H1B visa allows a stay in the US for three years, extendable up to six years. Once the maximum permissible stay is exhausted, reapplication may be necessary depending on your circumstances.

In contrast, the F1 visa is a non-immigrant visa that enables international students to pursue academic studies at US universities, colleges, high schools, language training programs, or similar academic institutions. With a valid I-20, you can apply for CPT from your school and be authorized to work full-time in the U.S. for up to 11 months and to work part-time as long as your F1 status is active.

The Procedure to Transition from H1B to F1 Status: Steps and Eligibility Criteria

Transitioning from H1B to F1 requires meeting specific criteria and submitting a change of status application with the U.S. Citizenship and Immigration Services (USCIS). To qualify, you must:

• lawfully admitted to the U.S. in a nonimmigrant status;
• have not violated the conditions of your status;
• have not committed any crimes or engaged in any other actions that would make you ineligible for a status change.

The steps to apply for F1 visa status include:

• securing a college or university acceptance letter,
• preparing a signed I-20 form indicating your student status and enrollment department,
• Fill out and submit the I-539 form
• pay the required fees and provide the necessary financial evidence and essential documents. These documents should be orderly submitted to the USCIS.

Change of Status Waiting Time:

Recent cases we have processed took about 3 months, though the USCIS official website indicated the processing time is 8 – 12 months.

Get Help:

If you are having trouble dealing with COS (change of status) yourself, please contact our expert for a consultation. We collaborate with immigration law firms to deal with international student visa issues.