6 years expiring, can I go on F1

V

vanraj9

Registered Users (C)
I came here on H1 04/98 and finishing my 6 years in 04/04.
I have LC in process, PD is 10/01. Also, I have applied for 7th year ext. on 02/04.

My Question is:

1. Since ’02 my company is heading down and I am not sure I am going to get my GC with compay, can I change my status to F1?
2. If yes, after getting i-20 do I have to go out of US to change the status or I can stay here and study with approved i-20?

Thanks in advance for your helpful advice
Van
 
Thanks GG,

As I have mentioned my H1 and Visa are expiring on 04/04, so if I get admission in one of the college here and secure i-20 will be consider as legal status?

In other word if I don’t want to travel and stay here on F1, do I have to go out of US to change the status from H1 to F1?

Van
 
nope. you don't have to go outside as long as you file an I-539 to change your status before your I-94 expires. You have to make sure you are issued an I-20 by then...you may have to provide all of ther docs, i.e., financial supporting docs etc
 
Thanks loveusa for very detail answer,

what will happen to my current LC process if i change my status from H1 to F1?

Thanks
V
 
What will happen to my current LC process if i change my status from H1 to F1?
---- F1 does not have dual status I don’t think you can adjust status being on F1 (I am 80% sure), you should discuss with your lawyer before you change to F1. If you have filed 7th year H1extension then why you want to be on F1? You are on valid H1 status if 7th year H1 extension was filed before your I-94 expiry date and with evidence that your LC was filed more than 365 days. You can continue working on H1 status and once LC is approved your employer can file I-140 and I-485, EAD, AP. I don’t understand why this F1 If you want GC
 
Ginnu, thank you for very prompt response

Well tell you the truth; I am worried about the whole process. Here are the few things makes me nervous about my LC and 7th year extension.

- 7th year ext is based only on LC or GC process
- Based on my case, my educational credentials are not good enough for the RIR LC. In other word its not enough to get BS.
- Lawyer told me that she can probably get me LC approved but not promising on 140
- Company I am working with is paying me on and off, 3-4 months every year is ‘no-pay’ time(could impact negative on final interview)
- I have been legal resident with status and paid all the taxes and earn good credit in this country, I am afraid if something happens to LC or GC process then I will be end up losing everything.

I really appreciate your positive and helpful advice, especially from someone who can understand my stat of mind with all of above thought in my brain.

“Rational is good but over confident is stupid”
Thanks in advance for your time and advice
 
Well tell you the truth; I am worried about the whole process. Here are the few things makes me nervous about my LC and 7th year extension.

- 7th year ext is based only on LC or GC process
----- It will be approved because many service centers are taking 5-6 months to send approval notice
- Based on my case, my educational credentials are not good enough for the RIR LC.
------- If that was not good for RIR then maximum they can do is inform your employer/lawyer that it will be processed under regular and till the time LC is pending you can again file 8th year H1 extension
In other word its not enough to get BS.
----- What is your education? What your education evaluation done in US says? Other option for you is get the education evaluation done with education + experience and any employer can file second LC for you and one can have many LC pending for you. Ask your lawyer to file new LC as back up with new education evaluation in different category
- Lawyer told me that she can probably get me LC approved but not promising on 140
----- Wait for the LC approval then file I-140 and I-485, EAD, AP I-140 approval or denial will take time and I-485 is also going to take the time and now file new LC as back up that can be good base for new I-140 approval
- Company I am working with is paying me on and off, 3-4 months every year is ‘no-pay’ time(could impact negative on final interview)
------ GC is for future job, company does not seem good, but I have seen many cases approved in your situation at the time of I-140 filing they have to attach company financial documents that they are able to pay the LC salary AFTER I-485 gets approved

- I have been legal resident with status and paid all the taxes and earn good credit in this country, I am afraid if something happens to LC or GC process then I will be end up losing everything.
------ But with F1 it is not possible to adjust status, you can go to good lawyer and discuss your issues and then only change to F1, if I am in your situation I will not go for F1. Try to find any other approved LC from any company that matches with your education and you can file I-140 with LC substitution and you can request them that you are ready to join by H1 transfer or after I-140 gets approved, try to contact your friends they may find you approved LC from any other company
 
People like you are bright starts, who give positive directions and good guidance to people like me, suffering in unknown legal darkness.

Thank you ginnu and other how is spending their time giving advice to other.

May god bless you all you good people, I will keep posting an update on my condition and status.

Keep up the good work

Van
 
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