Process to change from H1B to F1

Rajiv writes, "I have been working with a company for a few years but I am about to be laid off, but I do not want to go back to India, so I am going to try to stick around as a student in the hope that I will find another job after graduation or maybe a bride who can sponsor me.  How do I make the transition without being out-of-status?"



You should apply for change of status using USCIS Form I-539 by providing your I-20 and if you are laid off while the application is pending, you will not be out of status.  However, if you are laid off before you submit your application, you will be out of status.  In that case, you should leave the US and reenter with your F1 visa, which you should acquire overseas.