H1 to F1 while h1 is out of status

[sandy dh]

What is the name of your state (only U.S. law)? VA

Dear Sir/Madam
My name is Sandy and I am on h1 visa and out of status from June 2009. Now I got I-20 from a University for Feb 2010 session.
I want to get f1 visa. Can some one please tell me which one is best option for me to get visa, apply to uscis to change status or go to India and get f1.
What difficulties I will face? My I-94 is valid till Sept 2010.

Please reply me.

 

[candg918]

Since you are currently out of status, you have no option other than to exit, get stamping and reenter if and when your F1 visa is approved.

The only thing your unexpired I-94 does for you is to keep you from being illegally present, deportable, and banned for overstaying an authorized stay.

If you intend to live in the US, you really do need to understand your responsibilities for maintaining legal residency on nonimmigrant visas.