layoff on H1B

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layoff on H1B

I am on an H1B visa.I was recently laid off and Sept 30th would be my last day at
the company. I have found a university that is accepting applications for a late
fall intake. If accepted into the school, I plan on changing my status to F-1 and
at the same time keep looking for new jobs. I am told it takes months for USCIS
to act on a change of status petition H1 to FI in my case. If I find a new
employer would I be able to start working while my existing change of status
petition is still pending with the USCIS?

Thanks.

Asked on August 28, 2016 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can do a change of status but you must be IN status at the time of filing that in order to get the change of status approved. If you are laid off, you must submit the change of status as soon as possible otherwise you will be out of status and then you will no longer be eligible for a change of status.


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