H-1B to F1 change of status for second MS degree

[AC2014]

Hi all,

 

I'm currently in my fifth year of H-1B. My I-140 has been approved with a PD of Feb 2013. I want to enroll for a full time MBA starting this fall and my options are either to convert from H-1B to F-1 or J2. 

 

1) Is there a benefit of choosing one over the other (F1 vs J2)? My partner will be on J1 until 2017 June atleast and I will graduate from MBA in summer of 2016.

 

2) Since my I-140 has been approved, do I stand a chance for change of status denial to F-1 visa on the grounds of immigration intent if I plan to travel to Canada or India to apply for change of status? If the likelihood for F1 visa denial is high, is there a benefit of switching to J2 in place of F1 here?

 

Many of us may be facing this challenge and I'd be grateful to hear some advice/suggestions/comments!

 

Thank you!

[jairichi]

Hi all,

 

I'm currently in my fifth year of H-1B. My I-140 has been approved with a PD of Feb 2013. I want to enroll for a full time MBA starting this fall and my options are either to convert from H-1B to F-1 or J2. 

 

1) Is there a benefit of choosing one over the other (F1 vs J2)? My partner will be on J1 until 2017 June atleast and I will graduate from MBA in summer of 2016.

 

2) Since my I-140 has been approved, do I stand a chance for change of status denial to F-1 visa on the grounds of immigration intent if I plan to travel to Canada or India to apply for change of status? If the likelihood for F1 visa denial is high, is there a benefit of switching to J2 in place of F1 here?

 

Many of us may be facing this challenge and I'd be grateful to hear some advice/suggestions/comments!

 

Thank you!

If your spouse J1 is subject to 2 years HRR then you are also subject to it if you take J2. Check and get an advisory opinion from DOS. With an I-140 it is highly unlikely for you to get a F1.

[AC2014]

Thank you so much for replying!

 

1) Will I be able to change my status from J2 to H-1B post MBA if my future employer is willing to file for an H-1B visa?

 

2) What is the procedure to seek advisory opinion from DOS (Department of state)?

[jairichi]

Thank you so much for replying!

 

1) Will I be able to change my status from J2 to H-1B post MBA if my future employer is willing to file for an H-1B visa?

 

2) What is the procedure to seek advisory opinion from DOS (Department of state)?

1. Yes, provided you are not subject to 2 year HRR due to your spouse J1.

2. http://travel.state.gov/content/visas/english/general/advisory-opinions.html

[AC2014]

Thank you. He is definitely subject to the 2 year HRR. So J2 may not be an attractive option.

 

Can I give up the I140 before filing for F1? Will that help my case of obtaining a F1 visa?

[JoeF]

Neither F1 nor J2 are likely to get approved, because the I-140 shows immigration intent, and that's not compatible with an F1 nor with a J2.

[jairichi]

Thank you. He is definitely subject to the 2 year HRR. So J2 may not be an attractive option.

 

Can I give up the I140 before filing for F1? Will that help my case of obtaining a F1 visa?

I would suggest you to sit with a attorney and have a discussion.

[JoeF]

Thank you. He is definitely subject to the 2 year HRR. So J2 may not be an attractive option.

 

Can I give up the I140 before filing for F1? Will that help my case of obtaining a F1 visa?

No.

The question on the form is: "has an immigrant petition EVER been filed for you?" (emphasis mine.)

One an I-140 is filed, immigration intent is shown, and it is very hard to convince USCIS or a consular officer that the person doesn't have immigration intent anymore.

[pontevecchio]

Maybe discuss your specifics with a Lawyer to get appropriate guidance?