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?


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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