Change of Status from H1 To F1 or B1 and Impact on Dependents

Going through a layoff is tough! Hoping to land a new job within the next 60 days is great, but it’s always best to know your options in case you’re too close to the 60-day window and don’t want to be out of status in the US. 

By now, we're sure you know that your best option after 60 days is to change your status to another non-immigrant visa category. This could mean moving from an H1B to an F1 student visa, a B1/B2 tourist visa, or even an O1 or L1 work visa, depending on your situation. 

There's another blog post coming up on all the options one has after a layoff. In this blog post, we want to expand mainly on the 2 most feasible options:

1. Apply for a COS to B1/B2 tourist visa

2. Move to a F1 visa by enrolling in a Day 1 CPT college

it will detail out the process and documents required and also if you’re married and have dependents, then the impact this change of status can have on your spouse. 

Let’s begin with COS to B1/B2 visa

Now, if you’re confident that you may land a job within the next 6 months then you should move to a B1/B2 tourist visa and keep looking for a job that sponsors your H1B transfer. 

Earlier that may have been a cause of concern but during the peak of tech layoffs, even USCIS announced that people on H1b impacted by a layoff can move to a B1/B2 visa and keep applying for a job.  The B1/B2 option lets you bypass the tedious processes of the US educational system (including the high tuition fees). The whole idea is to leverage the 6-month buffer window to figure out your employment situation. 

And here’s a tip for you if while you look for jobs:

In job interviews, disclosing your pending B2 visa status might not be in your best interest due to potential concerns from employers about the transition process. A strategic approach would be to highlight your previous H1B visa tenure, underscoring that you're exempt from undergoing the H1B lottery anew, thus sidestepping the intricacies tied to visa uncertainties.

Let’s discuss the process. 

Start by filling out Form I-539 online and submitting the following documents. - A Financial Statement demonstrating that you will be able to financially support your stay in the US. - A letter describing your reason for change of status. - Intended travel itinerary. - Proof of strong ties to your home country. - Copies of passport (including visa pages) - Copy of i-94, which indicates your arrival in and intended departure from the US. - A recent digital photograph that meets the U.S government guidelines.

There’s no premium processing for this COS and you can expect a response within 3-8 months. But you don’t have to worry about your status. Because you can stay in the US on just a receipt.  There are four possible outcomes here: Approval, Request for Evidence, Notice of Intent to Deny, or Denial.

If approved, you can use the granted period to secure a new employer. 

Now, beware of indulging in specific prohibited activities for B1/B2 visa holders. These include:

• Applying for educational courses

• Holding employment at a US company. However, you can still look for a job. 

• Participating in paid professional services

• Working as a press member

And don’t forget, you cannot leave the US while your COS is pending. This will lead to an abandoned application.

Now, let’s see what is the impact of your move to a B1 B2 visa on your dependent spouse.

If you’re no longer on H1B status, your partner’s H4 status is also invalid because your spouse’s status is dependent on your status. Therefore, your spouse also needs to move to a B1/B2 visa. 

So, if you’re considering moving to a B1/B2 visa, you can apply for the same COS for your spouse. While the process of moving to B1B2 visa is just filing the I-539 form, it is better to do this through an immigration lawyer or an expert so that you can spend all your energies on finding a job. 

Now, if within the next 6 months if you are not able to secure employment and move back to an H1b visa, then the next option for you is to move to an F1 visa to pursue further education and avoid leaving the US during a layoff. 

Now, some may argue what’s the need of joining a Day 1 CPT university? Considering if you can find a job you may just transfer your existing H1B. But in the current job market, that may be a better option because you may land a job but the employer may not want to sponsor. So, taking up a job while pursuing your studies in a Day 1 CPT university is a better option. 

So, how to go about your COS from H1B to F1? 

First, you need admission to a SEVP-certified university. Look for Day 1 CPT universities. They offer affordable tuition fees, immediate access to CPT work authorization, and 6 start dates every year. These 6 start dates typically make it a valuable option for cases of untimely layoffs.

Your 2nd step is to request the I-20 Form from your university and pay the $350 SEVIS fee.

Then fill in Form I-539 online and submit it with the following documents.

• Admission letter and I-20 form.

• Form I-539 for the H1B to F1 status change, including the application fee and biometrics fee.

• SEVIS I-901 fee payment and financial proof.

• Copies of I-94, I-797 Approval Notice from USCIS, passport and immigration documents.
  

You can add Form I–907 to your Form I-539 for premium processing at an extra charge of $1,965. What’s best is that you can work part-time during your education when on an F1 visa. Day 1 CPT work authorizations let you instantly re-enter the job market from when your academic year begins. Day 1 CPT universities are a great option but it’s really important to understand that moving to a Day 1 CPT university comes with its own set of challenges and it’s really important to select the right Day 1 CPT university and of course consider this program is under a scanner for the past few years. 

So, keep these factors in mind while choosing a Day 1 CPT university:

1. Accreditation and Legitimacy: Accreditation from a recognized body confirms that the university meets established educational standards, guaranteeing that your degree will be acknowledged by employers and other educational institutions.

2. Program Relevance: Please select a program in the field that is related to the job you were in and can be explained as an important part of upskilling required for you to progress in your career.

3. Location: Choose a location that is convenient to you because Day 1 CPT universities require to attend lectures on site for a few days in a semester

4. Tuition and fees: Considering you’ll be using your savings to fund this program, it’s important to select a university that doesn’t burn a hole in your pocket. 
   

And while you can do all of this by yourself, it’s always best to get help from experts at CPT Dog. 

And here’s how CPT Dog can help you:

Strong university affiliations: COT Dog is affiliated with over 25 accredited Day1 CPT colleges that puts them in a good position to help you in selecting the right course and college for you

Complimentary consultation services: Their initial consultation is free and they help you make an informed decision

Financial assistance benefits: If you apply through them, your application fees are waived off and they also offer special scholarship opportunities. 

Expedited Service options: If you’re on a tight deadline and require quicker processing, their expedited service can speed up your application and COS process.

Transparent and affordable pricing: While they offer their service of consulting and getting you an admit to a university absolutely free, if you were to take their help with the COS application, they charge a flat fee of $1500 which is what you’ll probably end up paying to any other lawyer too. It’s better to get everything done at the same place. 

Impact of your COS to F1 visa on Dependents:

If you have any dependents holding an H4 visa, their visa status will be directly affected when you shift from H1B to F1:

Loss of H4 status: Since the H4 visa status is dependent on the H1B status of the primary visa holder, H4 dependents will lose their status when you change status to F1.

Application for a Change of Status: To change from H4 to F2 status, the dependent must file Form I-539 with the USCIS. This process includes providing proof of the F1 visa holder’s valid student status and evidence of their relationship to the F1 holder.

Impact on Employment and Study: While H4 dependents may be eligible for work authorization under certain conditions, F2 dependents are not allowed to work under any circumstances. However, F2 dependents can engage in part-time study or enroll in recreational or vocational studies.

If you’re on an H4 visa and want to move to an F1 visa, we’ve have another blogpost coming up for that, stay tuned.

And remember, if things aren’t going your way today, It’s Ok Yaar. They soon will.