回复：8 teacher, H1B is gonna expire, TR to F1 in US?

8 Teacher, my friend H1B is gonna expire in one month(reaches 6 year limit), although his H1B extension is still under pending status, he was trying to extend his 4 months staying outside US, but case is pending more than two months now.

 can he transfer H1B to F1 in the US?

-Yes, he can do it now. But if he can be qualified for the h1 extension beyond the 6 year limit (e.g. have an approved I-140 or have a pending/approved PERM which was filed one year before his h1 reaches the 6 year limit), he may not need to change his status to f1, and just continue to extend it h1 status.

If he submits F1 TR now, as long as his F1 case is pending, and even if later on he gets H1B denial notice, can he still legally stay in the US and wait until either F1 approved and continue to stay for study 

-Yes. As long as his F1 application is pending, he can stay in US. But if the F1 application is denied, he has to leave US unless his H1 status is still valid.

OR wait it is denied then leave US?

Pls help, thanks! 

所有跟帖： 

• can he wait his H1B denial notice? then submit F1 application? -前景堪忧- ♀ (311 bytes) () 10/10/2011 postreply 14:04:53

• 回复：can he wait his H1B denial notice? then submit F1 application -863211- ♂ (1064 bytes) () 10/10/2011 postreply 14:24:54

• he submitted his 4 months extension 3 months ago,so he already u -前景堪忧- ♀ (862 bytes) () 10/10/2011 postreply 14:35:56

• 回复：he submitted his 4 months extension 3 months ago,so he alread -863211- ♂ (2147 bytes) () 10/10/2011 postreply 15:37:34