I have been attending school full-time for my second master’s program of study. Because I received a job offer based on my first master’s degree, my future employer filed an H1B petition for me to start on October 1st. …

… The petition was approved with the change of status from F-1 to H1B and USCIS issued the approval notice with an I-94 form for H1B status to start of October 1st. However, after the approval, I fell ill and stopped attending classes without informing my DSO. Therefore, my DSO terminated my SEVIS record and informed me that I am out of F-1 status now and should leave the U.S. Is my I-94 for H1B status valid? Can I stay in the U.S. and start working on October 1st?

Answer

Your situation is unusual because the USCIS approved your change of status to H1B before you fell out of valid F-1 status. Even though you have a valid I-94 starting on October 1st, the most conservative way to resolve your F-1 status issue would be to leave the U.S., apply for the H1B visa, and reenter the U.S. up to 10 days prior to October 1st in valid H1B status.

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