Conversion of H1B to Student Visa

studentvisa

New Member
I have some questions that need quick answers:

Facts:

1. I am currently working on H-1B, which has been extended to September 2005. My I-94 carries a date of September 2003, which is based on my earlier H-1B. I have my daughter here on H-4 and my wife who has since converted to student Visa.

2. My company started processing green card application for me. This was filed under EB-1 category in Feb 2003 (just one month back). Relevant applications were also filed for my wife and daughter.

3. Last week, I have got admission at one of the Ivy League Universities in Ph.D. program, on a fully funded basis, tuition waiver with fellowship. This is a highly prestigious program, so I am seriously considering joining it.

Next steps:

I believe that to shift to full time Ph.D. program will require:

a. Conversion to non-immigrant F1 Visa (?)

b. Withdrawal of my green card application by the company (?)

Questions as follows:

a. Is there a way, my green card application under EB-1 continues, while I pursue full time Ph.D. program.

If No:

b. I believe that INS discourages granting F1 Visa to those applicants who have ever applied for immigration Visa. What is the best way of withdrawal of green card application and make an application for F-1? I have a short time window and shall like the whole process, including relevant approvals from INS, to be complete by June 30th, without leaving US.

If the probability of grant of student Visa is very low (because of my once having applied for Green card), I shall not pursue this action i.e. withdrawal of green card application and application for student Visa.

Warm regards
 
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