priya_on9 Posted February 9, 2014 Report Share Posted February 9, 2014 I had my 7th year H1 visa from Jan 10th 2013-Jan 10th 2014. My employer happen to initiate my GC in March 2013 apparently it was filed within 365 days rather than before 365 days. My PERM went to audit , there was query , we happen to submit , it is still in pending process till date(no sign of approval ). My H1 visa was expired on Jan 10th ,2014 this year. I immediately happen to apply for F1 visa (Change of status from H1 to F1) currently this is in pending state. What are my options. I happen to know that if PERM is in pending state for more than 365 days i will be eligible to apply for H1 extension which will come for 1 yr. Since my employer initiate GC in March 2013 , will i be able to apply for extension in March 2014 ? If so will my H1-F1 which i initaited in Jan 2014 will than give any problem for my H1 extension? Any suggestions are gratefully appreciated. Link to comment
rahul412 Posted February 9, 2014 Report Share Posted February 9, 2014 I had my 7th year H1 visa from Jan 10th 2013-Jan 10th 2014. My employer happen to initiate my GC in March 2013 apparently it was filed within 365 days rather than before 365 days. My PERM went to audit , there was query , we happen to submit , it is still in pending process till date(no sign of approval ). My H1 visa was expired on Jan 10th ,2014 this year. I immediately happen to apply for F1 visa (Change of status from H1 to F1) currently this is in pending state. What are my options. I happen to know that if PERM is in pending state for more than 365 days i will be eligible to apply for H1 extension which will come for 1 yr. Since my employer initiate GC in March 2013 , will i be able to apply for extension in March 2014 ? If so will my H1-F1 which i initaited in Jan 2014 will than give any problem for my H1 extension? Any suggestions are gratefully appreciated. Forget about F1 and contact an attorney for more options. Link to comment
priya_on9 Posted February 10, 2014 Author Report Share Posted February 10, 2014 Do you think being on F1 will be problem? Link to comment
rahul412 Posted February 11, 2014 Report Share Posted February 11, 2014 Do you think being on F1 will be problem? You are not eligible for F1 bcos F1 student has to leave US after graduation but by filing your PERM it clear states that you won't and moreover you worked on H1 for complete 6 yrs. So do you prove that you will go back after the graduation. F1 is not an OPTION at all. Link to comment
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