H1B to F1

[gemini2608 0]

Hi,

I came to the US on H4 visa and applied for COS to H-1B through company ABC and it was approved. I changed my employer and applied for H-1B transfer to company XYZ and has been working on receipt notice for a bank through XYZ. USCIS issued an RFE on H-1B transfer. We are exploring options just in case my H1-B gets denied.

I got an admission in the MS program at a decent university. The university asked for a letter stating the reason for changing status to F1 so that they can furnish the I-20.

Following are my questions:
1. If I give this letter to the university, is it mandatory to change status to F1?. If my H-1B transfer gets approved, can I continue on H-1B?
2. Can I apply for COS from H-1B to F1 within the US or do I need to go to India for stamping?

Appreciate your response. Thanks.

[Boiler 45,553]

COS by definition is in Country.

Sounds like they are saying they can not or will not issue an I 20 as you do not need it as you are in status.

[Boiler 45,553]

First post and spamming.

[umeranyth 0]

Hi gemini2608,

Not sure if everything has been settled, but just thought I'd put my 2 cents in.

There's no such thing as an 'H1B Transfer'. When you switch to a new company, you'll have to submit a new H1B petition. With that said, I'm not sure if it's entirely legal for you to be working on the receipt notice since you're technically not approved to work for the new employer as of yet.

Definitely check with your attorney. Simultaneously applying for an I-20 sounds a little risky to me and, again, I'd advise you to speak to an attorney. More than likely, USCIS is going to be raising an eyebrow if they see both an H1B petition AND an I-20 application.

Hope that helps! Best of luck!