0__0 Posted April 1, 2012 Report Share Posted April 1, 2012 Hi All, Here's my scenario ... My H1B (6 Years) is going to expire at the end of Sept 2012. Labor application will be filed in April 3rd week. Going by the current dates, I still have a good chance of getting labor approved and I-140 approved (In premium) by Sept. We have applied for Family Visa (1-130) through my wife and she is going to be citizen in another 3 years. Need to maintain status for 3 years. Is there any other option other than F1 in this scenario. If I apply for F1 when Iam still on H1b will my H1B be cancelled ? Not sure of the timing when to apply for F1. If Iam still in country can I apply for COS (Change Of State) from H1 to F1 ? how long does that take ? Thanks in Advance. Link to comment
JoeF Posted April 2, 2012 Report Share Posted April 2, 2012 Since you have a pending I-130, you have shown immigration intent. That makes it pretty much impossible to get an F1, since the F1 does not allow immigration intent. Link to comment
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