H1B (I-140 approved) to F1 conversion approvals/denials

[confused1234]

Hello,

Starting this thread to collect opinions from experienced people or others knowledgable.

 

I'm currently working as Software Engineer at a top company (top 3 in the world), on an H1B visa. I recently got selected into a master program at another top university (again top 1-4 in the world) and wish to convert from H1B to F1. However, my I-140 under EB3 category is approved and I'm not sure what to do:

 

1. Apply COS within the US from H1B to F1 (apply unpaid time off during this phase and attend classes)

Worst case (COS denied): F1 gets revoked, I waste ~2 months in school and go back on H1B to my old employer.

 

2. Quit, go to my home country India and appear at consulate for F1 visa conversion.

Worst case (F1 denied, H1 revoked): my F1 can get denied, the VO can further choose to also deny my H1, I'll have to call my manager from India to get my job back (not too hard). 

 

These are two top brand places (work and school, probably the best in the world), so does that have any impact on my situation above? I'm 24 years old.

 

I'm interested to see other's experiences about this. Which one has better chances?

Has anyone gone through the same phase? If so, what did you do? Going part time or deferring admission are not among my options.

[jairichi]

1. You can study on H1B. Even in normal case with an approved I-140 COS to F1 will be denied. You cannot go back to employer just like that. You will need to exit and enter with a valid H1B visa and I797.

2. You already have a H1B. Why would they deny that?

 

No impact or influence your top brands have on immigration matters.

[JoeF]

The F1 does not allow immigration intent.

With an I-140, you have shown immigration intent, though, so it is nearly impossible to get an F1 once an I-140 is filed.

[confused1234]

@jairichi:

1. I cannot study on H1B. The school wants students to be there full time and everyone must necessarily convert to F1.

 

If my COS from H1B to F1 gets denied, won't I still retain whatever H1B status I had before the application? (Assuming I don't quit but stay on unpaid time off and apply for COS to F1). So I thought I can just stop my unpaid vacation and go back to work (without exiting and re-entering). Is that not the case?

 

2. I heard the VO can revoke my H1B visa as well, if "they feel like doing it". 

 

3. Another complication is my H1B was issued for only 3 years and it ends this October 1st 2015. If I do option 2 and when my F1 visa gets rejected in the interview on August 1st (say) and assuming they won't cancel my already existing H1B, will I still be able to return to US on the 1-2 months left in my H1B visa?

 

My company is planning to extend my H1B visa, but I'm trying to hold them off until September 1st in order to not create more conflicts of interest with my F1 visa (I heard it's okay to file for extension as long as the first status is valid). If I start the H1B visa extension (I heard it takes ~2 months) and appear for F1 interview at the same time, will that cause any problems?