USCIS to Allow F1 Students to Request Change of Status
By HSB
USCIS to Allow F-1 Students Opportunity to Request Change of Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it would allow F-1 students who are the beneficiaries of selected H-1B petitions for fiscal year (FY) 2009 to request a change of status in lieu of consular notification.
This short-term measure follows an April 8, 2008 interim final rule that, among other actions, automatically extends the F-1 status of qualifying students who are the beneficiaries of approved H-1B petitions to cover the gap between the expiration of a student’s F-1 status and the H-1B employment start date of October 1. To obtain the automatic extension, a student must be the beneficiary of an H-1B petition filed for the next fiscal year (with an October 1 employment start date) and have requested a change of status. For F-1 student beneficiaries of petitions that USCIS subsequently rejects, denies, or revokes, or for those who violate their status, the automatic extension terminates at that time.
Since the rule was published after the filing period had closed for new FY 2009 H-1B petitions, many petitioners of F-1 students did not include a request for a change of status with the H-1B petition. Instead, petitioners requested consular notification based on the assumption that these students would have been required to leave the United States to obtain an H-1B visa at a consular office abroad.
USCIS has determined that it will allow petitioners of F-1 students whose H-1B petitions were randomly selected to receive an H-1B visa number for FY2009 following the closure of the filing period, to now request a change of status on behalf of qualified beneficiaries, if such requests are received within 30 days of the issuance of the receipt notice.
To request a change of status in lieu of consular notification, petitioners (or authorized representatives) should send an e-mail with the request to the USCIS service center where their petition is pending within 30 days of the issuance of the receipt notice. Special email addresses for each service center have been established specifically for this purpose. These addresses are listed below and are posted on USCIS’ website. Petitioners should e-mail their requests for change of status in lieu of consular notification upon receipt of the notice so the agency has the request before completing H-1B petition adjudication. The requests should include the receipt number and both the petitioner’s and beneficiary’s name, date of birth, I-94 (Arrival/Departure Record) number, and Student and Exchange Visitor Information System (SEVIS) number. Please do not contact the service center about requesting a change of status until after receiving the receipt notice.
-USCIS-
Related posts:
- H1B 2010 – Cap Count Update – May 18, 2009
- H1B 2010 Cap Update – April 27, 2009
- F1 to H1B Change of Status – Explained
- Received H1B Approval Notice; USCIS Online Status Shows RFE
- 163,000 – H1B Visa 2009 Applications Received
I applied for a change of status from J-1 to F-1 to enable me school here in the states. By the time my application was received, by J-1 was left with 21 days to expire. Am I within the time, and have I delayed too much? Thanks.
Hey…I like your blog a lot because you always give very clear explanation on the visa issues. I have a question: I got selected in the H-1B lottery and just upgraded my case to premium yesterday. My current OPT expire on 5/31, but according to the new rule, I should be able to work until 10/1. However, I have a travel plan in early July. I am assuming I can get my h1b approval by then. Is there any problem travel outside of US in July in my case? Thanks very much!