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Posted on 01 Jul 2009
Q.

Getting F1 visa after being laid off working on H1B

Hi,

I was on F1 visa from Aug 2006 for Masters degree. I was employed with my previous employer from Feb 2008 & got H1B visa starting Oct 2008. In Dec 2008, the company had filed 'LC - Labor Certification' for me BUT NOT APPROVED. On May 5th 2009, I was laid off, which became my termination date. After May 5th, I applied for a 2nd Masters degree and got admitted. Now, I plan to change my immigration status from H1B to F1. I was wondering -
1) Is it better to apply for change of status from within USA now or I should go to my home country and apply for a fresh F1 visa?
2) How good are my chances of getting the new F1 visa?
3) Will my overstay affect my chances of getting F1?
4) Will there be any problem for me getting my F1 because of my LC filed?

Thanks,

User's Location: San Jose, California, United States of America
Category: H1B Visa (Work Visa)
Posted on 02 Jul 2009
A.
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User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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