H1 -> F1 -> OPT -> H1 possible?

[ready2go]

I am on my second H1 B that would expire in Nov, 2014. My current employer has started the perm process for me since more than a year but, the immigration law firm is so pathetic that they haven't been able to complete the PERM wage determination process yet. 

 

I also started full time masters studies from this fall - September 2013. 

 

Looking at the speed of my company's immigration firm, it looks like, I won't get my 140 approved before Nov 2014 (when my last H1B expires). I am thinking of quitting my job, getting an F1 visa from spring semester and using this last year of H1B at my new job after I complete my studies.

 

1) First of all, is there any chance I might get 140 approved by Nov 2014? Approximately how long does it take to reach that stage in a PERM process these days?

 

2) Assuming I have to get F1 status from spring semester (starting Jan, 2014), when should I apply for COS (change of status)?

 

3) Will I be able to get benefit of OPT and STEM extension? Will using OPT/STEM deduct time from my remaining H1 B duration?

 

4) How do I utilize my remaining year of H1 B? Is it going to be a COS from OPT -> H1 B again or I'll be subject to cap? 

 

5) Can an employer file PERM case for me while I am working with them on OPT (that way getting enough time to have 140 approved to extend my H1B)? 

 

 

Thanks in advance,

LM.

Sep 12, 2013.

[rahul412]

F1 and I140, very dangerous combination dude...!!!!

You need to take an attorney's advice for right decision, don't spoil your career by thinking of F1 at this time.

[ready2go]

Thanks Rahul for responding. I am planning to take the F1 route so that I have more time through OPT/STEM extension in order to apply for GC.

[JoeF]

Thanks Rahul for responding. I am planning to take the F1 route so that I have more time through OPT/STEM extension in order to apply for GC.

If an I-140 is filed, it is pretty much impossible to get an F1.

The reason is that an I-140 shows that you have immigration intent, which isn't allowed for an F1.

[rahul412]

Thanks Rahul for responding. I am planning to take the F1 route so that I have more time through OPT/STEM extension in order to apply for GC.

You might be in problem if you go back to F1.

F1 doesn't allow dual intent that means you can't move forward with your GC processing when you are on F1.