GC priority date validity after h1b to f1 visa conversion.


sd43

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HI,

I am currently on a H1B visa and I have initiated my GC process with my current employer in EB3 process. I am expecting to have both my Labour and I-140 approved within next 1 year.

However, as a career move I am planning to do my MBA next year fall which would start in Sep. In that case I would have to convert my current H1B to F1 visa. After I complete my MBA I will be on OPT and then probably re-initiate my H1B through an employer as planned

Below are my questions related.

1) Will I be able to use my current GC PD once I complete my MBA on an OPT and H1B?

2) Do I need to join my current employer back to use my GC PD?

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It will be pretty much impossible to get an F1, since with the I-140 you have shown immigration intent. And the F1 does not allow immigration intent.

So, I suggest you rethink your whole approach, because it is not going to work.

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