Paul

Hi Ingo,

I have applied for a change of status from H1 to F1 about 4 weeks back.

1. How much time does INS Nebraska service center usually takes for
processing I-539?

2. If everything goes fine and when INS approves my F1, in how many days I have to
quit my job. and join the university? Does F1 status immediately comes into
effect, the day I receive my approval?

Thanks in advance.

Paul Helpdesk

You will find the actual time line for I-539 at:
http://www.visapro.com/Nebraska-Service-Center.asp

Paul @ HelpDesk

Ingo Pakleppa

On Tue, 16 Jul 2002 10:43:21 -0700, Paul wrote:

    > Hi Ingo,
    >
    > I have applied for a change of status from H1 to F1 about 4 weeks back.
    >
    > 1. How much time does INS Nebraska service center usually takes for processing
    > I-539?

I don't know.

    > 2. If everything goes fine and when INS approves my F1, in how many days I have to
    > quit my job. and join the university? Does F1 status immediately comes into
    > effect, the day I receive my approval?

The F-1 becomes effective on the later of the date of the approval, and your
requested start date.

Most people file the change of status only shortly before classes start. It is OK to
quit your job and start studying as soon as the change of status is filed (if you are
an H-1B! It is different for tourists changing to F-1).

Ingo

Paul

Thanks Ingo.

My International student advisor at the university had said that due to the new INS
regulations, I won't be able to take classes full-time unless I get the INS
approval prior to that. I work in the east coast, and as my university is in the
west coast, I won't be able to attend classes parttime. So I had to file my change
of status in advance.

There wasn't any column in the I-539 which asks for the intended date of study.

My classes starts only by September end. I am concerned if I would be able to work
till that time, even if my F1 approval comes through early?

I appreciate your help. -Paul

Ingo Pakleppa wrote:

    >On Tue, 16 Jul 2002 10:43:21 -0700, Paul wrote:
    >
    >>Hi Ingo,
    >>
    >>I have applied for a change of status from H1 to F1 about 4 weeks back.
    >>
    >>1. How much time does INS Nebraska service center usually takes for processing
    >> I-539?
    >>
    >
    >I don't know.
    >
    >>2. If everything goes fine and when INS approves my F1, in how many days I have to
    >> quit my job. and join the university? Does F1 status immediately comes into
    >> effect, the day I receive my approval?
    >>
    >
    >The F-1 becomes effective on the later of the date of the approval, and your
    >requested start date.
    >
    >Most people file the change of status only shortly before classes start. It is OK to
    >quit your job and start studying as soon as the change of status is filed (if you
    >are an H-1B! It is different for tourists changing to F-1).
    >
    >Ingo

Sylvia Ottemoel

Paul wrote:

    > My International student advisor at the university had said that due to the new INS
    > regulations, I won't be able to take classes full-time unless I get the INS
    > approval prior to that.

Your advisor was not correct. New INS regulations apply only to a change from B-1
or B-2 to F-1 status. You are not prohibited by law or regulation from taking
classes full time while your I-539 application requesting a change from H-1 to F-1
status is pending.

An INS rule and an INS memorandum were issued on April 12, 2002. The rule 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-
ionalandEducationalResources/ImmigrationAdvisingResources/frbstudy.htm and http://ww-
w.nafsa.org/content/ProfessionalandEducationalResources/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 clear 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."

I work in the east coast,
    > and as my university is in the west coast, I won't be able to attend classes
    > parttime. So I had to file my change of status in advance.
    >
    > There wasn't any column in the I-539 which asks for the intended date of study.
    >
    > My classes starts only by September end. I am concerned if I would be able to work
    > till that time, even if my F1 approval comes through early?

Technically, you are no longer authorized to be on your H-1B employer's payroll the
day the change to F-1 status in approved.

    > Ingo Pakleppa wrote:
    >
    >> On Tue, 16 Jul 2002 10:43:21 -0700, Paul wrote:

    >>> I have applied for a change of status from H1 to F1 about 4 weeks back.
    >>>
    >>> 1. How much time does INS Nebraska service center usually takes for processing
    >>> I-539?

http://www.shusterman.com/nsc.html indicates that I-539s are taking about 3 to 4
months from filing to approval at INS NSC.

    >>> 2. If everything goes fine and when INS approves my F1, in how many days I have
    >>> to quit my job. and join the university?

You should be off the payroll of the H-1B employer immediately. You hold F-1 status
as of the approval date. You are obligated to attend the next available school term.

Does F1 status
    >>> immediately comes into effect, the day I receive my approval?

It is effective the date of approval, which is generally 5 to 10 days before you
receive the approval in the mail.

    >> The F-1 becomes effective on the later of the date of the approval, and your
    >> requested start date.
    >>
    >> Most people file the change of status only shortly before classes start. It is OK
    >> to quit your job and start studying as soon as the change of status is filed (if
    >> you are an H-1B! It is different for tourists changing to F-1).

Paul

That helps a lot. Thanks sylvia.