Changing to F1 status from H1, while GC is filed...

[psr3458]

Please help Gurus,

Did my Undergrad from India then MS in US, was on OPT for only 9 months. Started on H1B since OCT 1, 2009. Has Been on H1 for 3 years and 3 months so far. My full time employer would like to apply for GC now with “Management Analyst” as my job title.

Assuming Labor and I-140 to get approved by end of this year. Planning to go for Full time MBA (Change of Status to F1) in 7/2014. Will have 1 year left on 6 years H1 when I I’m out of school in 5/2016.

1. Will my PD be in the Queue even I change my status?
   
2. Can I use AC-21 to switch to a new employer after done with MBA with the same PD for similar job title?
   
3. I didn’t use my OPT extension. Can I utilize the unused OPT extension after my MBA.
   

Thanks a lot in advance. Appreciate your help.

[psr3458]

Can someone please reply.......Thanks a lot.

Regards,

Sai

[JoeF]

With an I-140 filed, it is pretty much impossible to get an F1, because the I-140 indicated immigration intent, which is not allowed for an F1.

[t75]

Why should your sponsoring employer want to continue the process?

[catx]

Once you start OPT +/- OPT STEM extension for a degree level it is used up (even if you don't use all your OPT time nor file for an OPT STEM extension). You cannot use OPT for one Masters and then OPT STEM extension for another Masters. In other words, your OPT and OPT STEM extension is used for all Masters degrees.

[psr3458]

catx - Thanks for your reply.

t75 - My sponsoring employer wants me to go for a top business school - FULL TIME only, planning for Business development work in India (for Networking, Brand name and for Alumni contacts). Will be going back to the same employer.

Joef – Thank you for the reply.