H1B to F1 COS with LC Approved but I 140 NOT Filed

R

rahul2935

New Member
Hello. I had a couple of questions:

1. My Labor Certification has been approved but I-140 has not been filed yet.I intend to apply for COS from H1B to F1 next year. Is it better to refrain from filing I-140 to improve chances of getting COS or intent to immigrate has already been established with Labor Certification and it doesnt matter whether I file I-140 or not?

2. If LC is approved but I-140 has not been filed, should one check "NO" for "Has an Immigrant petition ever been filed by you" in Part 4 (3b) of I-539 (COS) form?

3. Does COS from H1B to F1 automatically cancel an I-140 that is awaiting Priority Date to become current?

Am in a dilemma and would really appreciate any help with the matter.

Thanks in advance!!
 
You so close to become permanent resident, then you don't have to change your status to other visa you can study, work while in Green Card.
 
Hi Angela

Thanks for your reply and interest in the thread.

I am pretty much set on getting done with my studies ASAP and want to complete my final degree Full Time (no part time intentions). Permanent Residence is still quite a while away and I don't want to delay my studies until I get it.
 
Hi Rahul,

I am facing pretty much the same dilemma. My I-140 will be applied soon, but I want to apply for a COS from H-1B to F-1. I'm already enrolled in a school and have about 2 years of study left. I haven't made up my mind to apply for a COS to F-1, its a very big decision for me considering the risk of getting stuck due to visa issues which will result in the waste of 3 years of my effort in school. It seems getting COS to F-1 is easier than getting F-1 visa from the US consulate in India. So, if I can avoid going to India until I finish school and then get a job and a new H-1B, I wouldn't have to face F-1 interview in India and hence avoid rejection. Is there anything wrong with this approach?

Thanks,
 
@Rahul2935 Its completely your decision. If you don't want to delay education, forget about Green Card.

@nitinn Chances of rejection is similar to any other person. You can Change the Status within US.
 
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