With having approved I-140, option to change H1B visa to F-1 visa

[Sunshineflorida]

I am posting this for my friend who is currently on H1B visa, with I-140 approved. 
a) Is it possible to switch from H1B visa to F-1 visa if he decides to go for a full time degree program? How difficult or practically possible this option will be? 
b) What will happen to his approved I-140 in the meantime? 
c) After completion of his advanced degree program, he will work with a different employer with a new completely different job profile. Will his new employer be able to continue on his I-140 and H1B or how this will work? Will his new different work profile built up after pursuing the degree impact his existing I-140 application.
d) Will he loose his time length of priority date because of switching to student visa? Will his new employer have to file his I-140 all over again?
e) He read somewhere that there is an option to study part time while one is on H-1B visa but the advanced degree program in which he is planning to take admission do not allow part time study and he will have to be a full time student and will require to change the status from H1B to F1 visa.
f) He does not intent to leave USA during anytime he will become a student again, and will get a new job after finishing up his new degree program.
Thank you!

[Attorney_6]

Generally yes, it is possible to switch from H1B to F1 status as long as he meets the requirement for an F1. It is possible to apply for a Change of Status (COS) by filing Form I-539 with USCIS.  Generally, if COS application is approved, he will be granted F-1 status and will be able to attend school. While his COS application is pending, it's important to maintain his H-1B status. This means he should continue to work for his H-1B employer and follow all the rules and regulations associated with that status. 

Changing from H-1B to F-1 status should not have a direct impact on the existing or pending I-140 petition. The I-140 petition is an employment-based immigrant petition, and your nonimmigrant status (H-1B or F-1) generally does not affect its processing or approval. The I-140 is typically tied to your employer and job offer, rather than your current nonimmigrant status.

Please keep in mind that changing your status can have long-term implications on your immigration journey. It's strongly recommended that your friend consults with one of our experienced immigration attorneys who can provide guidance tailored to his specific circumstances and future immigration goals.

[Rizwan123333]

On 9/29/2023 at 8:09 AM, Attorney_6 said:

I-539 with USCIS.

Hello, Was your case approved from H1b to F1 with approved i140? 

I am in the same boat and planning to convert my H1b to F1 with approved i140. I would appreciate your help if your process was approved. Please let me know the exact steps so I can follow it to get my F1 approved.

 

Thank you!