Thanks Gothalo for your suggestion and information! [Disallowed String for - bad word] your H1B freeH1B! You don't have to act smart if you don't know the answer!.. How can I be in H1B for 3 years without getting job!..my question here is changing my status from H1B to F1! I got terminated on October 24,2009!..I somehow managed to get I-20 for spring semester which was supposed to start on January, 2010! I filed change of status with USCIS on Dec 5..they sent me letter few days ago saying I was out of status for 1 month during my termination and getting new I-20..However, letter also implies that I can file the appeal I-290B if I'm not satisfied with the decision within 33 days..Any suggestion is appreciated..

Thanks

hey dude

I was in same situation like yours in dec 2009.But didn't gave up and file appeal I-290B .MY status got approved withing 10 days.So just email me at contact@usnepal.net with ur number so i can guide what you need to do further.Hope that will help you.

Hi usnepal.net,

Thanks for your time. I met with my lawyer. However, I was told that since my company terminated me on November 21, 2009 and I filed change of status with new I-20 on December 4, I was out of status the day company terminated me. I was told that appeal won't help at all. Its just a waste of money. Which status you were in when you filed the change of status? Was it from H1B to F1?..

Thanks

Hello,

 I am not a lawyer nor expert on this issue but I think you could still appeal. How can somebody change their status as soon as they were let go by the company. For most cases there is a 60 day grace period to change your status and as you said you were let go on Nov. & Applied for COS on Dec. which is still within the 60 days period. Please reverify that information, also do not hesitate to check with your school that you Graduated sometimes they may be able to guide you. Good luck!

Thanks