Posted by: peace1 October 21, 2008
H1B - Layoff - Help
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Just a note to Employee!!

 

If you intend to change your H1B status to F1, do not have more then 1 month of gap between your H1B expire date and your school start date  because by immigration law, you can only have 1 month of grace period in between. For example, let say your H1B ends on June 1st and your school starts on Sept 1st, then by Immigration law you have to leave the country and re-apply for F1 visa from outside the US. Many people have this impression that you can stay here as long as your application is process before your H1B expires and you receive I20 from School but that is not the case. Recently, one of my friend got into this mess and had to re-apply for change of status through a lawyer because he had a gap of 2 month in between his school start date and his H1B end date (His H1B ended on June 31st and his school started on Sept 3rd).

 

Hope this helps you to make some decision.

 

Peace!!!

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