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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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Old 08-11-2009, 08:44 PM
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Priority Date
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Feb-06
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EB3
I140 Mailed Date
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01/02/2006
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Albania
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Default H1 to F1 questions

Here's a scenario. My friens is currently on H-1. The company had started the GC process but due to unforeseen financial circumstances had massive layoffs. While the LC was approved I-140 was not filed yet. Now my friend is unemployed and his H1-B expires on Oct 1, 2009. In less than 2 weeks he's been accepted into an MBA program and is looking to change the status to F1. What steps are needed to change status from F1 to H1. I looked a little bit online and was able to find this info: How to change my H1b Visa to F1 visa? - Yahoo! Answers

Seems pretty straight forward. Anybody has been in this position and would advise more.

Thanks.

PS. School officials recommended that my friend talks to a lawyer but I thought I'd check with my friends here at IV.
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  #2 (permalink)  
Old 08-12-2009, 01:07 AM
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yes, I am in similar situation, but changing from H1-F2 and back. I did a fair bit of research and consulted couple of attorney to be sure. You can always move from one valid status to another without any issue.
In your case since your friend is moving into F1, he has to show that he was maintaining his status when transferring from F1-H1.(in terms of transcripts and subjects..) you dont have to show your H1 pay stubs since you were not in H1 status to start with.

Hope this helps. all the best...!
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