Dr. William:

I had the H-1B status for 3 years, and I was laid off about 2 months ago after the company merge. Since I am out of status now, is it possible for me to change to the F-1 status? or to file an H-1B petition to work for a new employer if I can find one? If the USCIS denies my F-1 or H-1B application, what could I do?

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Answer:

Since you are out of status now, it is difficult for you to change to F-1 visa inside the United States, because the F-1 visa is an non-immigration visa and it is not easy for you to prove your non-immigration intent. 

You still can file an H-1B petition to work for a new employer, but you need to travel outside the United States to obtaining a new visa stamp on your passport from a U.S. consulate in your home country, and get a new I-94 card at a port of entry for your legal status.