H1-B to F1 Transfer


I am currently in my H1-B period, staying in US. My status is going to end by the end of sept 30. I have applied for extension but I have received a NOID response from USCIS. At present, I am fighting it back by writing the appeal. I wanted to take an admission and join school now as I can work and study during H-1B. I have different questions regarding this.

  1. If I join school and activate my sevis with new I-20, If in any case my h1-b gets denied, will I have that sevis remain and my status converts to F-1 ?

  2. If my H-1B gets denied and as I am enrolled in a university, Do I need to go out of country to get an F-1 visa?

  3. How does this h-1b to f-1 transfer actually happen ?

Thanks in advance.

  1. You have to apply for SEVIS, get I-20 and then apply for COS. As long as COS has been applied before current I-94 expiration date, it will continue to be processed and not impacted by H-1 denial. Once COS is approved, you will be considered on F-1 status

  2. See #1.

  3. H-1 transfer is when a different employer files a cap-exempt petition for you. Once USCIS receives this transfer notice, you can join the new employer and can work for them.