My Name is Ali Ashgar. I am currently on L1A status (and visa) with HSBC. It is valid till the 12 Feb 2023. Unfortunately, I am getting laid off on 31st January. I am looking for options for changing over to other statues to be here. Also I found a sponsor to sponsor for the labor certification and entire green card process. My questions are following: 1) Can I file for F-1 on/after 15 th Jan 2023 to USCIS? a. How early I need to file for F-1 for me to be in status? b. Will I’ll be in status until I get approved for F-1 status? c. How much time does it take for F-1 to be approved? 2) Can I file for H1B simultaneously as well while I pursue F-1 processing? 3) If I don’t get approved for F-1 visa. What are the other options I can get? 4) Can I pursue Labor certification after submission of my F-1 packet? 5) What are chances for filing for F-1 after my end date with my company? Will I go out of status?
You have 60 days grace to file for a change of status. As long as you file before the expiry of the grace period you will be in status. You can file for a COS to F-1. However you need to contact the school to work out the logistics as the approval may take 12 months and school has to start by that time. You can only file a H-1 if you are cap exempt or you are able to file under the Cap, your registration in picked and you remain in status until October 1 of next year. ( start date of H-1 cap cases).
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