Please advise best visa option for me [URGENT] - Full-time MBA (I-140 approved)

[user1986]

I need your expert advise on a time-sensitive issue I'm faced with. Thanks in advance for your help!

Background

- I am currently on H1B visa (3 yrs remaining) with approved I-140. I have an admit for full-time MBA in the US at a top-5 school starting Aug 2013.

- In March 2013, I plan to quit my job and and move to India for 5 months for pre-MBA internship in India and return back to US by August 2013.

- My wife is currently working on H1-B in the US (directly employed full-time by US firm, no consultancy, no GC application filed yet).

- I need to eventually get an F-1 visa in order to be eligible for internships (CPT) in 2014.

What should I do to get back to the US, get the F-1 & attend business school?

1) Get F-1 visa through Consulate interview when I am in India?

• I heard that with a prior I-140, F-1 from India is not advisable. Can you confirm?
  

2) Get H-4 dependent visa (when I'm in India) based on my wife's H1. Change status to F1 after coming to US?

• Should I expect any issues (or provide any justifications) with the H-4 visa? Will a prior H1-B and I-140 complicate the H-4 situation? Also, what reason should I state for H-4 (attend school?)?
  
• During CoS to F1, wouldn't the prior I-140 still create a problem in obtaining the F1? If so, how can I strengthen my CoS case?
  
• How long is the CoS process going to take?
  

3) Go on unpaid sabbatical on H1-B to India from March to August 2013. Come back to the US on current H1B. Then apply for change of status from H1 to F1 within US

• During CoS to F1, wouldn't the prior I-140 still create a problem in obtaining the F1? If so, how can I strengthen my CoS case
  

Which is the least risky option? Thanks so much for your help!!!

[t75]

Going to F-1 is independent of your location. If you do not qualify in India, you should not be able to COS in the US.

You have immigrant intent. Since you have time left on H1B, why are you concerned about OPT?

[Attorney_25]

The purpose for H-4 status is to accompany a spouse with H working status to the US. You do not need any other purpose. H-4s are permitted to attend school. Having an approved I-140 does not automatically indicate immigrant intent, but you'll have a more difficult time with this issue at a consulate than with USCIS in trying to attain F-1 status. (Also, having the I-140 revoked may not help, unless well-advocated, and advocacy is excessively difficult when dealing with a consulate.) Do not enter the US on the H-1B unless you actually will work on the H-1B once you enter. I trust you have resolved this issue by now, but if not please do consult with a qualified attorney.

[user1986]

Going to F-1 is independent of your location. If you do not qualify in India, you should not be able to COS in the US.

You have immigrant intent. Since you have time left on H1B, why are you concerned about OPT?

Thanks for your comments. I am interested in CPT (to do internship). So I need to do CoS to F1 after returning to the US on H4 to make the CPT available by Summer 2014. My hope is that the USCIS will be more tolerant of the I-140 situation for F1 CoS than the consulate.

[user1986]

The purpose for H-4 status is to accompany a spouse with H working status to the US. You do not need any other purpose. H-4s are permitted to attend school. Having an approved I-140 does not automatically indicate immigrant intent, but you'll have a more difficult time with this issue at a consulate than with USCIS in trying to attain F-1 status. (Also, having the I-140 revoked may not help, unless well-advocated, and advocacy is excessively difficult when dealing with a consulate.) Do not enter the US on the H-1B unless you actually will work on the H-1B once you enter. I trust you have resolved this issue by now, but if not please do schedule a consultation.

Thanks so much for the clarification! Yeah my best option is H4 from consulate and CoS to F1 after coming to US. I am not going for the extended H1-B option.

[tourister]

Thanks so much for the clarification! Yeah my best option is H4 from consulate and CoS to F1 after coming to US. I am not going for the extended H1-B option.

Wondering what you ended up doing?