Immigration Issues/H1b to COS to f1



I urgently need clarification in the situation which I am facing. I am a student on a F1 visa, this year my H1B was approved bu I decided to study further so I enrolled in the master's program. My H1B is approved and left the company on agreed terms but due to oversight my H1B was not canceled. Now my international advisor informed me that SEVIS has removed my name from the system due to the change in status to H1b. I have informed my company and they have sent fax to USCIS to cancel my H1b.

I am applying for the COS from H1B to F1 on monday, while awaiting for COS can I go to school or could I be in the US awaiting for the COS result in other words will me exiting the country affect the COS change since I will also have trouble entering the US as Ihave a student visa. I don't want to exit the country since I paid th eFall  semester fees.

Thank you,


It is impossible to advise you regarding a COS (change of status) without knowing more about your case.  In general, one can start attending school before submitting an application when changing from a status other than B1/B2.  If a COS is denied, then you have a much bigger problem, and in my opinion, this is not something that you should try to do without consulting with an attorney that carefully examines your immigration history.  Please understand that I cannot properly advise you without more information and for that reason, my answer does not constitute legal advice.

What is clear is that you would need a new visa to reenter the U.S. if you were to leave at this time.  You say that you "have a student visa" but based on your question it appears that you may not have a valid student visa currently, and as you are no longer employed by your H-1B employer, you would not be permitted to reenter the U.S. on that basis.

You are in a situation in which it is important that you receive carefully crafted legal advice tailored to the specific facts of your case.  There are a number of issues involved in your questions and a forum like this can be helpful in dealing with simple questions, or single issues where the facts are clear, but it is impossible to answer your questions without a thorough consultation.

Marco Pignone III, Esq.  

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Marco Pignone III


Any question relating to immigration law.


Practicing attorney specializing in immigration for seven years.

American Immigration Lawyers Association American Bar Association

J.D. with honors from the University of Florida College of Law

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