[HotShot23]

Hi, I am currently on H1B status and would like to switch to F1 status because of the economic situation and fear of getting laid off. My questions are:

1) Is it possible to do this, and what are the chances of getting approved with the fear that the change might question my intentions to return to my home country.

2) I hear that approvals may take up to 6 months. What would my status be if I get laid off at some point while my petition is still pending for approval?

3) Would I have to leave the country as I wait for approval if I was laid off sometime during the waiting period?

Thanks in advance for your help.

[DCcityboy]

Yes, you are allowed to file the COS to any NIV you qualify for. Please note that the F-1 visa does not allow any immigrant intent, so if you filed for LC or any other PR petition, you may not be granted the COS.

Your status is "applicant for change of status." if you file for the COS while you are in status, you are generally in status during the time the USCIS is adjudicating your application.

Leaving to get the F-1 visa would depend on whether the CIS grants the COS or approves the case with consular notification. Nothing you can do about it at the time of filing, so file with the information you have at the time.

You should consult with an experienced immigration attorney.

If this was helpful, rate this answer! Good luck.