Changing to F1 after 6 years on H1B

M

mvermani

Registered Users (C)
Can i change my status to F1 after 6 years on H1B.

My 6th year limit is ending on Aug, 2004 and my husbands 6th year limit is ending a yera later which is Aug 2005. As per my understanding i cannnot go for H4 as i've completed six years on H1B. So, can i join sone school and stay on F1 after my 6 years limit.

Thanks in Advance!
 
Yes. You can. You need to be out of country for 1 year only to get the next H visa, not for any other visa(except H4) or green card.
 
You can apply for f1, but the chances of getting is slim as the main requirement for f1 is 'the intent not to stay in usa'.
Since you have already in usa for 6 years, it will be difficult to prove that you will return to your home country after completing the studies.
More over, even if you get the f1, after completing the studies, you STILL have to leave usa for 1 year inorder to reset your h1b status.

Meow
 
I have applied for Labor from VA on May 15th 2002 under RIR and it is taking way too long just for this stage.

I'm not very hopeful about the GC coming in any time soon. so i'm just checking my options.

I know i can apply for 7th year extension but as i said i am not hopeful on that front.

Thanks,
Monika
 
getting f1 while you are in US is not a problem. But at I140 stage you have to change to EAD (F1 becomes I485 pending) ...
 
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