H1b to F1 visa


ACollege2019

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Posted

Hi All,

I have a typical situation - My employer have re-filed my H1b petition as earlier one got denied (I have valid I94). I am yet to receive decision for the H1b petition. My employer also filed for my PERM and it was approved last week. I can now start my I140 processing (I am thinking of doing that in premium).

I also applied for admission in masters programs in a few universities in USA. I am yet to receive admission decision. However when I talked to immigration teams in colleges, they suggested 'change of status' (from h1 to f1) may take longer - close to an year if I am applying within USA. They are suggesting to go to India (my home country) and apply for F1 from there. 

Now my question is, should I apply for I140 or not? If it gets approved, will the chances of my F1 getting approved from India reduces? 

If I don't apply for I140 and go for F1 stamping from India and my F1 is denied, I will not be able to get back to USA since my H1b decision is still pending. 

Any suggestions or any pointers will be really helpful.

Thanks in advance!

Posted

The F1 does not allow immigration intent. A pending or approved I-140 shows immigration intent, though, so once an I-140 is filed it is pretty much impossible to get an F1.

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