H1 to F1 Conversion & Green card processing


mbaaspirant

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Right now I'm on H1B visa with Company A & my 6 year Cap expires in Oct 2018. My employer has just begun my Green card process(under EB2), PERM labour certification is in process.  I have plans to do MBA here in US which might begin Jan 2018. I will be on my Sabbatical during my MBA course which might end by Aug 2019  but still be an employee with Company A.  But I'm confused on the below topics, will need some advice here

1.  When should I apply for a change of status  from H1B to F1 ?

2.   What happens to my Green card processing while I'm on Sabbatical ?

3. After my course completion if I continue working for Company A, Should I file a new H1B visa, If so what would be cap requirements during that time ? Will this go through lottery ? Will I be able to work only for the remaining H1B cap period which will be around 10 months if my EAD is not approved by that time?

4. After my course completion if I plan to re-sign company A & join Company B, Should I file a new H1B visa, If so what would be cap requirements during that time ?   Will this go through lottery ? Will I be able to stay only for the remaining H1B cap period which will be around 10 months ?

Your advice is greatly appreciated !

Thank you !

 

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49 minutes ago, mbaaspirant said:

Right now I'm on H1B visa with Company A & my 6 year Cap expires in Oct 2018. My employer has just begun my Green card process(under EB2), PERM labour certification is in process.  I have plans to do MBA here in US which might begin Jan 2018. I will be on my Sabbatical during my MBA course which might end by Aug 2019  but still be an employee with Company A.  But I'm confused on the below topics, will need some advice here

1.  When should I apply for a change of status  from H1B to F1 ?

2.   What happens to my Green card processing while I'm on Sabbatical ?

3. After my course completion if I continue working for Company A, Should I file a new H1B visa, If so what would be cap requirements during that time ? Will this go through lottery ? Will I be able to work only for the remaining H1B cap period which will be around 10 months if my EAD is not approved by that time?

4. After my course completion if I plan to re-sign company A & join Company B, Should I file a new H1B visa, If so what would be cap requirements during that time ?   Will this go through lottery ? Will I be able to stay only for the remaining H1B cap period which will be around 10 months ?

Your advice is greatly appreciated !

Thank you !

 

1. Better do it at the end of the year by going out of the country.

2. BY that time your labor and I-140 can be approved if you apply in premium.

3. Yes. No you will not go through lottery.

4. Yes.

 

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