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Kv919

Convert from H1B to F1

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I am on 7th year of H1b with I-140 approved. H1B expires by aug 2018.My current transfer & extension to new employer is under RFE . 

1) Am I eligible to convert to F-1 student visa if my H1b is denied

2) If I convert to F1 student visa will my I-140 still be valid

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The F1 doesn't allow immigration intent. You have shown immigration intent with the I-140, so you can't change to F1.

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On 7/5/2018 at 4:59 PM, JoeF said:

The F1 doesn't allow immigration intent. You have shown immigration intent with the I-140, so you can't change to F1.

Hi @JoeF if I140 is approved , doesn't that mean he has his priority date and it's his until it becomes current.

If he goes to F1 and comes back on H1 again - is that possible even though he has exhausted 6 years of H1B I140 approval can be a route back into H1 - is that right ?

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On 7/8/2018 at 8:23 PM, Centepede said:

Hi @JoeF if I140 is approved , doesn't that mean he has his priority date and it's his until it becomes current.

If he goes to F1 and comes back on H1 again - is that possible even though he has exhausted 6 years of H1B I140 approval can be a route back into H1 - is that right ?

As soon as an I-140 is filed it is not possible to change to F1. The I-140 shows immigration intent, which is not allowed for F1.

An approved I-140 allows to extend an H1 until the PD is current.

Edited by JoeF

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