Kv919 Posted July 5, 2018 Report Share Posted July 5, 2018 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 Link to comment
JoeF Posted July 5, 2018 Report Share Posted July 5, 2018 The F1 doesn't allow immigration intent. You have shown immigration intent with the I-140, so you can't change to F1. Link to comment
Centepede Posted July 9, 2018 Report Share Posted July 9, 2018 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 ? Link to comment
sndpk Posted July 12, 2018 Report Share Posted July 12, 2018 @kv919 Hi iam in same boat as you , what was your outcome? Link to comment
JoeF Posted July 13, 2018 Report Share Posted July 13, 2018 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. Link to comment
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