i140 problem

[rajkumar.t08]

hi,

- if my employer files GC at the end of the fifth year and if I don't get labour and i140 approved within the end of the sixth year.
- can I enrol to any university and change to f1 visa?
- so that by the time when it gets approved I will apply for the H1 visa.
- will this work out with uscis

[JoeF]

Once an I-140 is filed, there is immigration intent. That pretty much makes changing to F1 impossible, because the F1 doesn't allow immigration intent.

[pontevecchio]

You should also realize that only shady institutions let you enroll at shore notice and generally it takes months for admission and classes start at specific times. Do you know that PERM pending 365 gives you one year H1 extensions and approved I-140 gives you three year H1 extensions. Hence you may be able to leave and return as needed.