I have been working in valid H1B status. I have now decided to go back to school and change my status to F-1. …

… I have been admitted to my new program of study and the school issued me an I-20 form to apply for change of status. My program starts next week. Can I attend school while my application for change of status is still pending? Would I have any issues with it?

Answer

You may start attending school before USCIS issues a decision on your application for change of status from H1B to F-1. However, you may be required to leave the U.S. at an inconvenient time in the midst of your study, if your application is denied.

If you continue working on H1B while your application is pending and, if it is not approved, you should be able to continue in valid H1B status and would not have to leave the U.S. (09.Jan.2015)

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