Need your advice. Can i convert my F1 to my previous H1-B petition ?

[bachkilan]

 

I need your expertise help in figuring out about my US visa situation. 

 

In November 2016 I have resigned my job in SF and came back to India for personal reasons. At that time I had the petition valid up to May 2019. This petition is not stamped in my passport. Currently I am pursing a MBA with a US University through online but last 2 months of the course I need to complete by coming to USA so I will be traveling in F1 this coming May. 

 

I was wondering is there anyway I could use my previous H1-B petition to find a job again in USA and change from F1 to H1-B after I finish my course in USA. Please share your thoughts

 

My H1-B petition dates from last employer before moving to India - May 2016 - May 2019

 

With my previous company I have got my I-140 approved in PERM 
 

 

[JoeF]

Since you have an I-140, it is unlikely you would get an F1. The F1 doesn't allow immigration intent, but the I-140 shows that you have immigration intent.

 

[bachkilan]

 JoeF. Thanks for your response. Do they pull my previous records of I-140 during the F1 interview process ? 

[JoeF]

They have access to your whole file, so of course they would know about the I-140.

Also, the form has a question, "Has an immigrant petition ever been filed for you?". You have to answer that with yes. A lie can result in a lifelong ban.

[satya2k1]

I agree with Joe, but you can at least give it a shot for F1 visa stamping.  if you can convince the officer you may get F1 visa.  Other option is to get new job offer from an employer and get H1 visa stamping.  Your chances of getting H1 visa stamping are higher than F1 visa.