Letter of intent for COS from H1 to F1 with I-140 approved

[h1tof1_i140approved]

Hi All,

I have been accepted for a 2 year Full-Time MBA program for Fall 2013 session by a reputed US University. I am currently employed on H1-B visa and have been in the US for around 5 years. I have my I-140 approved. I want to file a change of status to F-1. I have a few questions regarding the 'letter of intent' and am hoping you could help me with these.

1) In the letter do I need to specifically mention that although I have an approved I-140, I do not intend to stay in US permanently? I would be giving other reasons such as family ties etc for not staying in US permanently. So is mentioning I-140 necessary in the letter?

2) In the supporting documents do I also need to include my Indian bank account statement? The reason I am asking is that I do not have many funds in my Indian account. Since I am staying in the US for the past 5 years, most of my funds are in my US bank account. So I will be including my US bank account statement for proof of funds.

3) Is it necessary to show that I have property in my name in India? The property that I have in India is in my parents' name.

4) If anyone could share a sample letter, that would really be helpful.

Thanks a lot for your help!

Regards,

Nidhi

[JoeF]

The COS form asks if an immigrant petition has been filed for you. That's the I-140. You absolutely have to answer that with a yes.

Because of the I-140, it will be very hard to show that you will return to your home country. Getting an F1 will be very hard.

You should discuss your situation with a good immigration lawyer. Trying this without a lawyer and just some letter will not accomplish anything.

[Guest Noah Lotte]

such a letter means nothing....anyone can sit down at a word processor and write anything they wish....your intentions are clear...to obtain a green card and live in the US permanently...no letter written by you nor anyone else can overcome that fact. Having some property in your name certainly is not forcing you to return to India, and a quick transfer of title from your parents to you will be obvious. If you truly have zero intention of remaining in the US, shred the I-140 in front of a VO.

[pontevecchio]

1. Stay away from any mention of the I-140. 2. and 3,. are not material. 4. I suggest you talk to the DSO in the University and be frank with him and he may be better able to suggest a format for the letter.

[Guest Noah Lotte]

while you are contemplating drafting such a useless letter...ask yourself this: if you fail to return to India as outlined in your 'letter', what penalty would you incur? Would you be jailed? Fined $50,000? Deported? No. Therefore, such a letter has absolutely no relevance because whatever you write in such a letter cannot be enforced against you later....so who would believe anything written in such a letter? No one.

[t75]

Don't ever lie to US immigration. It will cost you eventually.

[pontevecchio]

Also please do not forget to let us know what transpires as that is more helpful to others and you may be surprised.

[Guest Noah Lotte]

don't forget that the very agency through which you are contemplating a COS is the same one that is processing your I-140, etc....so concealing information or worse, lying to them, will result in a denial...

[pontevecchio]

Nobody is asking her to lie . She obviously needs to fill up the form and answer direct questions truthfully. She does not need to mention the I-140 in the cover letter. If they know let the chips fall where they do. @OP, Please do not forget to add a post in this thread telling us about your visa application.

[JoeF]

Nobody is asking her to lie . She obviously needs to fill up the form and answer direct questions truthfully. She does not need to mention the I-140 in the cover letter.

But it has to be mentioned on the I-539. The COS will likely fail. End of story.

[futureeb2]

The BIA has held that an approved immigrant petition in and of itself is not enough of a reason to deny a non-immigrant visa. The prospective immigrant can show that, once their period of admission as a non-immigrant has concluded, they will depart the country, and then seek an immigrant visa, or if their AOS is denied, leave the country for good.

[catx]

The BIA has held that an approved immigrant petition in and of itself is not enough of a reason to deny a non-immigrant visa. The prospective immigrant can show that, once their period of admission as a non-immigrant has concluded, they will depart the country, and then seek an immigrant visa, or if their AOS is denied, leave the country for good.

Being approved for a F-1 visa is an affirmative action, which means that the applicant is essentially assumed to have immigrant intent and has to show through evidence that they are going to depart the U.S. at the conclusion of their studies. Such evidence is an on-going residence (requirement) and other things like a bank account, etc. in their home country. With respect to the BIA the important part of the statement is "can show", which is referring to providing evidence "that, once their period of admission as a non-immigrant has concluded, they will depart" the U.S. When a spouse has an approved I-140 petition the evidence requirements needed to show that the applicant is going to depart the U.S. is much more stringent, and is generally a hard requirement to satisfy. (The basic premise is if one spouse is pursuing permanent residency, then the USCIS rightfully assumes that they are going to reside together and the other spouse is thus planning on staying in the U.S.)