Change of Status to F-1 with I-140 approved

S

StuckInLimbo

New Member
I'm on H-1b. I have my Labor Certification (PERM) approved and my I-140 filed and approved.

Now I’m waiting for the cut-off date for the EB-3 category to move to mid 06. It seems that it’s going to be a very long wait (4 to 5 years). Therefore, I'm considering going back to school instead of waiting indefinitely. After finishing school, I plan on going back home (it's really not worth it).

I know that to change status to F-1 I have to file form I-539. However, I am concerned that since I have already filed the I-140, the change of status might be denied. Having an I-140 filed could conflict with the F-1 no immigrant-intent requirement.

Please post any experience you have with change of status to F-1 with an I-140 already filed.
Where you successful with this change of status?
What happens if the change of status gets denied? Do I lose my H-1b status?

Also, please share ideas you have for getting out of this deep hole (other than changing status to F-1). How can I go back to school in the US given my current situation?
 
StuckInLimbo said:
I'm on H-1b. I have my Labor Certification (PERM) approved and my I-140 filed and approved.

Now I’m waiting for the cut-off date for the EB-3 category to move to mid 06. It seems that it’s going to be a very long wait (4 to 5 years). Therefore, I'm considering going back to school instead of waiting indefinitely. After finishing school, I plan on going back home (it's really not worth it).

I know that to change status to F-1 I have to file form I-539. However, I am concerned that since I have already filed the I-140, the change of status might be denied. Having an I-140 filed could conflict with the F-1 no immigrant-intent requirement.

Please post any experience you have with change of status to F-1 with an I-140 already filed.
Where you successful with this change of status?
What happens if the change of status gets denied? Do I lose my H-1b status?

Also, please share ideas you have for getting out of this deep hole (other than changing status to F-1). How can I go back to school in the US given my current situation?
Click to expand...

You haven't displayed immigration intent as you haven't filed your I-485 yet. It will be a change of status from H1 to F1. It may take upto 6 months for the change of status to get approved. Not sure how your school funding will work during the transtion though. The international program office at the school should provide more info regarding your eligibility for assistantships. To change your status without having to wait, you'll have to leave the country and come back using F1 visa. You can get F1 visa from the consulate in bordering countries and return using F1 visa (there is a slight risk as if it gets denied you'll need to go back to your home country).
Unless you are determined to pursue your higher studies, It is better to be on H1 than on F1. You can extend your H1 by 3 yrs as you have approved I-140. You'll need to comply with SEVIS requirements and maintain minimum number of credit hours to remain on F1 status every semester if in US.
All the best.
 
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gcpursuer,

The I-140 is an "Immigrant Petition for Alien Worker".

Part 4, 3b of form I-539 asks "Has an immigrant petition ever been filed for you or for any other person included in this application?"

The question is bundled up in the same section as questions like "Have you, or any other person included in this application, ever been arrested or convicted of any criminal offense since last entering the U.S.?"

What concerns me is that it sounds like by answering yes to question 3b, the application will be automatically flagged for review and possibly be denied.

Again, my questions are:
Has anyone been successful filing this petition?
What are the consequences of filing the petition and getting denied?

If there are no negative consequences of filing the petition, I will at least try to file it and see what happens.
 
hardikrs,

It seems that not many people would have run into this situation in the past. It used to be that the labor certification part of the green card application process took the longest and the I-140 and I-485 were relatively quick. Now that people are getting stuck in between filing the I-140 and the I-485, many will think about other options and will consider going back F-1 status.
 
hi stuckinlimbo

me too stuck with same problem. I-140 approved and want to go back to school. I think these immigration laws are ridiculous. Did you find anymore information after that?
One thing is one can withdraw the I-140 but still getting an F1 is very tricky.
I wonder if there is a way out at all!
 
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