approved I-140, want to go back to F1

[puhrince]

Hi all,

I have an approved I-140 but haven't been able to apply for I-485 due to retrogression..anyways,I have received news that I will be getting laid off in 2 weeks. At the same time, I had applied for MBA in a few schools (waiting on their decisions by next week). Now if I have to go back to F1, I heard that the application will be rejected bcos I showed intent to immigrate via I-140..is there a way I can ask my company to revoke my I-140 so that my path to F1 is clear?

Also, my H1 expires in Nov - is it better not to look for a job right now and stay on H4 so that I can use any remaining unused H1 for post graduation (bcos of the fact one can't renew H1 for another 6 years later)? This is also assuming the retrogression stays even if i ask my wife to start her GC process.

[GotPR?]

As long as you stay in the US, you MAY get F1 status unless CIS knows.(Of course, "intent" issue still remains, though). But if you have to travel for emergency, you need to have F1 visa to get back to the US, and this could most likely lead your visa to denial at consulate. DS-156 has question asking if somebody filed immigration petition on your behalf and you have to answer this Yes, even though yout I140 is withdrawn.

H1 and H4 are counted togethrt toward 6 years. So, being H4 does not help much to save for future H1.

[armie]

As long as you stay in the US, you MAY get F1 status unless CIS knows.

It is highly unlikely that CIS allows change of status from H1 to F1 within US. If you don't work (and get payed) you are out of H1 status.
Only way to be of F1 status is travel overseas, it will be highly unlikely if not impossible to get F1 stamped at an overseas counsulate like Chennai after having filed for I-140.

[puhrince]

i asked the Mumbai consulate about it - their reply below..
what do you make of it?
-----------------------------------------------------------------------

It will be looked at by the interviewing officer and your intentions will be discussed.
Shouldn't have much effect.

Best regards,

Non Immigrant Visa Section/wds
U.S. Consulate General Mumbai


From: xxxxxxxxxxxxxxxxxxxxx
Sent: Tuesday, January 10, 2006 10:07 PM
To: MUMBAI, N IV
Subject: Effect of approved I-140 on future non-immigrant visas

Dear Sir/Madam,

I am an Indian citizen and have been in the US on F1 and currently on H1-B. I had applied for my permanent residency through my employer. I have my Labor and I-140 approved but haven't applied for I-485. Due to changes in personal priorities, I have decided NOT to apply for I-485; rather I am planning to study full time again on F1. Will the approved I-140 affect myapplication for a F1 visa in the future? I have applied to a few schools and expect their decisions anytime next week.

Please advise me on how to proceed on this matter.

[dcmetro22042]

interesting response. dont know what to make of it though. Officer's personal mood/preferences decides a lot of such 'grey' areas..unfortunately..I wish you luck buddy.

[hope_Nov]

How about I filed 140 and 485 and I want to apply for H1 visa stamp at a third country? My EAD will expire next month, but my company applied a new H1 for me. Can I go to a consulate and apply for a stamp? Is this a problem? In DS 156, I have to tell the officer that I have applied immigration. Will I be rejected?

[tammy2]

Hi all,

I have an approved I-140 but haven't been able to apply for I-485 due to retrogression..anyways,I have received news that I will be getting laid off in 2 weeks. At the same time, I had applied for MBA in a few schools (waiting on their decisions by next week). Now if I have to go back to F1, I heard that the application will be rejected bcos I showed intent to immigrate via I-140..is there a way I can ask my company to revoke my I-140 so that my path to F1 is clear?

Also, my H1 expires in Nov - is it better not to look for a job right now and stay on H4 so that I can use any remaining unused H1 for post graduation (bcos of the fact one can't renew H1 for another 6 years later)? This is also assuming the retrogression stays even if i ask my wife to start her GC process.

No need for revoking I-140. If you are very much want to go to study Just try to convert to F1 here in US. What is your Priority date? If your employer can co-operate you can apply for I-485 just before finishing the course. All GC needs is you have to join the employer before GC approval. But only catch you cannot visit India because stamping problem associated with F1 visa. Also note that you can study on H4.

If it is an old Priority date i would try to find another job.

[puhrince]

My PD is Jan 2003 - things are quite bleak on the PD front...

my current employer wouldn't apply for I-485 bcos i am getting laid off in a week...I am looking to transfer my H1 to a local Indian consultant - he mentioned that my labor also is transferrable..? is that correct? I would have to apply for I-140 again then...

he also proposed the idea of a part-time H1 - can one study full time on part-time H1? or should i look into joining part-time school and taking full time load(number of classes)? yeah I do know about studying on H4 but that dosen't give the advantages of working on summer internship (particularly in MBA)

No need for revoking I-140. If you are very much want to go to study Just try to convert to F1 here in US. What is your Priority date? If your employer can co-operate you can apply for I-485 just before finishing the course. All GC needs is you have to join the employer before GC approval. But only catch you cannot visit India because stamping problem associated with F1 visa. Also note that you can study on H4.

If it is an old Priority date i would try to find another job.

[armie]

Just try to convert to F1 here in US.

You can't convert to F1 from H visa without leaving the country and getting a stamp at the overseas counsulate 99.9% of the time. Try your luck at mumbai..if not you can return on H1/4. If you can't complete your course by the time 6 years are up on H visa it might be a bit tricky.

[YeahRight!]

You can't convert to F1 from H visa without leaving the country and getting a stamp at the overseas counsulate 99.9% of the time. Try your luck at mumbai..if not you can return on H1/4. If you can't complete your course by the time 6 years are up on H visa it might be a bit tricky.

A big Bullshit to you. If you dont know the rules, dont just play with it. Stating what you mean is not going to help anyone rather it will be more causeable of some serious heart burn. I have done it in the past, and I know bunch of folks who did transfer their H1 back to F1. There is no problem with it, even INS knows about it - they dont care. US govt wants your money to pocket themseleves, so they dont care. They dont care if you go back to F1 or no from H1. You don't have to exit out of country to do that. Your ultimate I-20 is the sole proof that you have valid DS visa. Of course if you exit out, then you need to get your PP stamped when coming back to show at the POE, otherwise you dont, there is no trick. I dont know where this guy is getting all these info and trying to scare you. Hey you, your suggestion is nothing other than a rotton trash, and you have no way of knowing shit.

[rpranesh]

armie:
Do not provide false information. You can convert from H to F visa status. My SIL has done from H4 o F1 within the US.

Regarding the above scenario, i am not sure whether i140 constitute a immigrant petition, sombody told me that i-485 is the immigrant petition. I am not sure on this.

Alo H/L visa is dual intent visa, you can say that you have an immigrant petition pending and still applt for H/L visa.

[GotPR?]

Immigration petition is I140 for EB and I130 for FB.

[rpranesh]

I agree that I130/I140 is called "immigration petition", but for answering this question in DS-156, i heard that ( i could be wrong), I485 constitutes it and not i-140. Sounded strange to me. I140 is mostly employer related thing, i-485 is more of your involvement.

[GotPR?]

If i remember correctly, there was phrase, "on your behalf" in this question.
If I485 is the only "immigration petition" being stated on DS-156, you may not be required to answer YES to this question if you are on EB GC, because I485 is filed by you and no one filed it on your behalf(lawyer does it, but if's just formality).
It does not make sense that DS-156 has this question then, does it ?