Hellen Joanna

Hi Everybody:

I had a quick and would be grateful if the experts could give their
comments/suggestions:

Can I start taking the classes when my petition to transfer H1 to F1 is pending for
approval ? I understand that I cannot work on campus or draw any stipend when the
petition is still pending.

Thanks everybody for their help.

Hellen

Sylvia Ottemoel

Hellen Joanna wrote:

    > I had a quick and would be grateful if the experts could give their
    > comments/suggestions:
    >
    > Can I start taking the classes when my petition to transfer H1 to F1 is pending for
    > approval ? I understand that I cannot work on campus or draw any stipend when the
    > petition is still pending.

Just answered a similar post -- here's a copy:

You are not prohibited by law or regulation from taking classes while your I-539
application requesting a change from H-1 to F-1 status is pending.

Your school may have an *internal policy* preventing your from taking classes under
the circumstances, however; you'll have to consult with the school about that.

An INS rule was issued on April 12, 2002, which prevents applicants for a change from
B-1 or B-2 status to F-1 status from enrolling in classes before the application is
approved. See http://www.nafsa.org/content/Profess...sources/Immig-
rationAdvisingResources/pa2002C.htm. Please refer to the material on the "interim
rule, effective immediately." You may read the rule itself at http://www.nafsa.org/c-
ontent/ProfessionalandEducationalResources/ImmigrationAdvisingResources/frbstudy.htm,
and the INS field memorandum issued the same day, at http://www.nafsa.org/content/Pr-
ofessionalandEducationalResources/ImmigrationAdvisingResources/btofmemo.pdf.

Note: the rule says "Except as provided in paragraph (c)(3) of this section
[referring to the B status holders], a nonimmigrant applying for a change of
classification as an F-1 or M-1 student is not considered ineligible for such
a change solely because the applicant may have started attendance at school
before the application was submitted."

This is sort of a backwards way of saying that you are allowed to attend classes
while your application to change from H to F is pending.

The memo makes it even clearer by saying, "The prohibition against beginning a course
of study prior to obtaining Service approval of a change of nonimmigrant status
request is limited to B-1 or B-2 nonimmigrants."