Change of Status H1B to F1?

I have been under H1B status and studying for the past year. I got laid off about three months ago, but my employer did not withdraw my petition with DHS until today.
1. Can I still file for a Change of Status within US? I do not have recent pay stubs to show anything.
2. Can I file for a COS for consular processing and fly to Canada to get the visa stamp and return to the US, (without showing recent pay stubs, which I don't have anyway).
- if I do choose this option, what is the timeframe to get the papers from school and fly?
3. Can I return to H1B status after completing my school program?
Additional Details
ADDING DETAILS: My understanding at this point is that I can safely apply for COS and do consular processing. This way they don't check my status in the US - as what I did so far is a violation... If I do this, how soon do I have to leave country and apply for a F1 visa at my home country?

George L

Well, if you were laid off 3 months ago and didn't leave until now, it could be a problem if it comes up at either a visa interview or for Change of Status. Hard to say if it will, but if it does, don't lie about it or you'll wind up becoming permanently ineligible for anything. If you apply for a visa in Canada or elsewhere, you wouldn't file for COS. You'd first have to be accepted by a school which would have to register you in SEVIS and issue you an I-20, and then you simply apply. By the way, you really don't want to wait too long to do this. If you're in the US more than 6 months out of status, you'll be ineligible for any visa for the next 3 years. As for returning to H1b status, if you're sponsored by a new employer and your petition gets through, there's no reason why you couldn't do it again later.

verne k

THe form for applying for change of status is I-539. If immigration
determines you have been in violation of status, it will likely be denied.
If you get the necessary documents from your school to apply for
student status, you could depart and apply for a student visa. Whether it would be issued would be subject to your being considered
to be a bona fide nonimmigrant and whether you had adequate means of spport to attend school full time without employment. Should you succeed in obtaining student status you could return to H-1 status
upon approval of a petition by another employer. See uscis.gov for the
form and instructions.

ibu guru

You were out of status as of the last day of work. Hurry up and return to your country of citizenship or you will be barred from reentry.

It is a violation of visa regulations to attend school when you are on an employment visa.

Student visas must be applied for from your country of citizenship. After you receive acceptance at a university and get the I-20 form, you will have to apply for the F-1 visa at the consulate nearest your home in your country of citizenship. You must be interviewed at that consulate nearest your home. You will be required to prove that you have sufficient funds to pay for all your school expenses, plus all of your living expenses, plus your return transportation to your country of citizenship.

Go home. If you don't, no student visa, no future employment visas, no future visas of any kind. You have already violated regulations and may already be under bar to reentry.

Itprousa

No problem - just contact US immigration services and they will assist you with all the paperwork.

Here is the link and phone#

http://www.uscis.gov/portal/site/uscis

1-800-375-5283

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