H1 to F1 COS post I140 approval

[AC2014]

Hi,

 

I'm currently working in the US on H-1B visa that expires in Oct 2015. My I140 has been approved with a priority date of Feb 2103. I now have an admission from a top 20 MBA school which starts next month (2014 Fall - 2016 Summer)

 

1) Can I apply for H-1B to F-1 COS in India or do I risk denial on the basis of immigration intent due to an approved I140?

 

2) Can I apply for COS in Canada or is there a higher possibility of denial based on immigration intent established by approved I140? In other words, is applying for a COS better in India or Canada given that I am an Indian national. 

 

2) My husband is currently on J-1 visa until 2017. Can I apply for a J-2 visa instead of F1? Will I be able to study full time and only work full time in an internship capacity during summer of 2015?

 

3) If my future employer post MBA is willing to do my H-1B and green card, is there a way to retain my current priority date?

 

Thank you!

 

 

[jairichi]

Hi,

 

I'm currently working in the US on H-1B visa that expires in Oct 2015. My I140 has been approved with a priority date of Feb 2103. I now have an admission from a top 20 MBA school which starts next month (2014 Fall - 2016 Summer)

 

1) Can I apply for H-1B to F-1 COS in India or do I risk denial on the basis of immigration intent due to an approved I140?

 

2) Can I apply for COS in Canada or is there a higher possibility of denial based on immigration intent established by approved I140? In other words, is applying for a COS better in India or Canada given that I am an Indian national. 

 

2) My husband is currently on J-1 visa until 2017. Can I apply for a J-2 visa instead of F1? Will I be able to study full time and only work full time in an internship capacity during summer of 2015?

 

3) If my future employer post MBA is willing to do my H-1B and green card, is there a way to retain my current priority date?

 

Thank you!

1. COS is done only when you are in US. In India you can only apply for a visa. Chances of denial is high based on your I-140.

2. Anywhere you go you will be judged the same in an US consulate.

3. Check whether his J1 visa is subject to 2 years HRR by getting an advisory opinion from DOS. 

4. Yes.

[t75]

Does your husband have HRR?

[AC2014]

Thank you for the replies!

 

Yes, my husband is subject to HRR.

 

What is the procedure to get advisory opinion from DOS?

[t75]

You need to become aware of HRR requirements for J-2.

[jairichi]

Thank you for the replies!

 

Yes, my husband is subject to HRR.

 

What is the procedure to get advisory opinion from DOS?

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