Can i file I140 when COS from H1 to F1 in progress


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Hello , 


Was on H1B for 6 years - Perm (EB2) didn't approve in time (before the end of my 6 years).


Didn't leave the country and applied for a COS from H1 to F1 -- The COS is still in progress. 


Now my PERM labor has approved. 


Can i file a i140 now or do i have to leave the US , go back to India and then only i can file I140 ? 


Suggestions please 


Thanks and regards

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The filing of the I-140 does not depend on your immigration status in the US and you do not have to be in the US. However, havign the I-140 filed will have some effect on the adjudication of your change of status to F-1, as F-1 cannot be approved if your intent is documented to stay in the US. Therefore, it is recommendable to have the COS to F-1 approved before the I-140 petition is filed. The I-140 petition must be filed before the labor certification expires > 180 days from certification.

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pontevecchio :


I have already started school , taking classes and all . It's been close to 3.5 - 4 months and i am still awaiting a decision on my COS case so wondering / worried if it will go through or not . Plus a couple of people i know off in similar situations like me (who were on H1B) got rejections.



Thanks for your response..

Right now I am in the US and would like to file i140 ,,,   although my COS is yet to approve (so technically i don't have a status here) -

Is it possible ?


Sorry i am asking again since i just want to be sure -- It's a tricky situation


Thanks for your input guys

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The COS to F1 should ideally be approved first as said before filing the I-140 as the COS will be denied based on applying for the I-140. The I-140 is your employers remit. Why not leave and come back after the I-140 is approved with H1 extensions.. It does not take so long for the COS given that classes have started 4 months back. . I assume it is not a known or a well known college. It makes no difference what I say. You have to talk to your Employer or Lawyer. If you do not want to be shortchanged after so much time investment here spend the money to keep a Lawyer on board and on retainer till you get the GC.

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A change of status will not necessarily get denied because someone is the beneficiary of an I-140 petition. If a COS was properly filed, it can get approved; such an approval is not prohibited merely because one becomes post-COS filing the beneficiary of an I-140. Someone who has timely filed a COS is generally in a period of authorized stay once the filing is made while one is waiting for a decision on the COS. One might want to consult with an experienced attorney for advice on what action to take in the situation described above.

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  • 2 weeks later...

Thanks Attorney_15 & Pontevecchio    


My F1 got approved . Thanks


A question : The employment verification letters for i140 stage : 

One of my previous employers went through a couple of mergers and now is under new company . On the employment verification letter the Company Letterhead is for the new company (although the description does mention the old name of the company through which my H1B was filed)

Will this be an issue ?

Do i need to get something written / a letter from them explaining why letterhead name is different 

Any help 


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  • 4 weeks later...

Hello Friend-1954nishant,

Please tell me how did you handle it and what happened next? Please provide me as much details as you can with dates and all minute details.
My H1 expires tomorrow 3-28-2014, I applied for COS on Jan-22-2014 and Received RFE today.

Any help and update will be much much appreciated. I would follow how you took care. Also name me your lawyer please.


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