I work on a H1b visa and my petition and I-94 are valid till 12th August 2022. However, I want to study full time on F1 visa from 20th September 2022. I wanted to start school this semester but I got F1 visa rejected in my home country three months ago. I’m thinking to file a change of status from H1b to F1 now.
Will I be able to join classes from 20th September, 2022 if my change of status (I-539) is still pending?
No you can’t start the classes while your COS is pending and your H1B status has expired.
You don’t really need to switch to F1 to go to school, you can be on H1B work and study at the same time. Note that COS to F1 can take anywhere from 8 to 15 months depending on processing center.
Thank you so much for replying. That means even if I file I-539 now and start classes in summer, I may not be able to continue them after my I797/I-94 gets expired (on 12th August, 2022).
That is correct, you need to be in either H1B or F1 status to continue attending the school. You can’t be in a pending status (period of authorised stay while your COS is processing and your H1B I-94 is expired.) and attend classes.