Why Changing H1B to F1 Status Could Be a Better Move After a Layoff

by Abby on Jun 13, 2024 11:33:11 AM

Facing a layoff while on an H1B visa can be a daunting experience. With a limited 60-day grace period to secure a new job, many find themselves exploring options to maintain their legal status in the U.S. Two popular choices are changing from H1B to F1 status or B2 status. Here, we will delve into why changing H1B to F1 status could be a better move than opting for B2 status for some people.

Understanding Your Options: H1B to F1 or H1B to B2

For H1B visa holders facing layoffs, there are two commonly chosen options to change your visa status to either F1 (student visa) or B2 (visitor visa). Each option comes with its own set of benefits and challenges.

Why Changing H1B to F1 Could Be a Better Option

Reason 1: Stability and Time for Job Searching

Changing to F1 status provides a more stable situation, allowing for a longer job search period. While B2 status only permits a stay of up to six months, the current economic climate and widespread layoffs make it challenging to secure full-time employment within that timeframe, even with experience at top tech companies like Amazon or Meta.

Most Day 1 CPT programs with F1 status range from 2 to 5 years, offering a more extended period to find a job. If you secure employment and no longer wish to continue the program, you can easily pause or withdraw, offering a great deal of flexibility. On the other hand, if you change to B2 status and fail to secure a job within six months, you face limited options: requesting another six-month extension, changing to F1 status, or leaving the U.S. Additionally, USCIS might not approve an extension without compelling reasons, potentially forcing you to leave the country immediately.

Reason 2: Work Flexibility and Resume Continuity

Under H1B visa regulations, you cannot take on contractor or part-time jobs, and securing a new H1B sponsor involves a lengthy and complex transfer process, which often deters potential employers. Conversely, changing to F1 status and enrolling in a Day 1 CPT program allows you to use Day 1 CPT work authorization to start working as a contractor or part-time employee. This not only provides some income but also prevents a long gap on your resume. You can continue working and studying for an advanced degree, enhancing your skills and career prospects. Furthermore, if you secure a full-time job, you can begin working immediately with Day 1 CPT, without waiting for the H1B transfer process to complete.

Reason 3: Faster Processing and Easier Justification

Changing H1B to B2 status does not offer premium processing, leading to a waiting period of 3 to 8 months during which your status is pending. In contrast, changing to F1 status can be expedited with premium processing, delivering a decision from USCIS within 30 calendar days, ensuring you quickly regain a stable status.

Additionally, justifying your intent to change to F1 status is more straightforward in your explanation letter, as it emphasizes your desire to enhance your skills and knowledge. Conversely, explaining a change to B2 status can be more challenging, as B2 is a visitor visa intended for leisure, requiring a more cautious approach in your justification.

Reason 4: Green Card Application Considerations

If you are in the process of applying for a green card and have an approved I-140, changing your status can be tricky as both F1 and B2 visas are non-immigrant visas and do not allow for immigration intent. However, changing from H1B to F1 is generally easier in this context because F1 visa is a student visa, you can demonstrate a strong desire to pursue higher education and return to school, whereas B2 is a visitor visa for leisure purpose, it's harder to justify your immigration intent with approved I-140. GoElite partnered with experienced immigration attorneys have successfully assisted clients with approved I-140s in transitioning from H1B to F1 status. Contact us to learn more about how we can help with your specific situation.

Drawbacks of Changing H1B to F1 Status

Despite its advantages, changing H1B to F1 status has some drawbacks. You need to act promptly to secure an admission letter and I-20 from a school, which typically takes about a month. Additionally, you need to prepare for tuition costs, and be ready to complete coursework and attend classes.

Conclusion

For H1B visa holders facing layoffs, changing to F1 status presents a more stable and flexible option compared to changing to B2 status. With longer job search periods, the ability to work part-time or as a contractor, faster processing, and easier justification, F1 status offers significant benefits. However, it requires proactive steps and a commitment to further education. Evaluating your specific situation and long-term career goals will help you make the best decision for your future.

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Topics: H1B Status

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