Conversion to F1 Visa

R

raj0112

New Member
Hi,
I really need some urgent advise so please help me if possible. I am currently on H1B and have applied for GC for last two years, The Indiana state labor is not moving a bit so I dont feel I can get GC. I have applied for MBA at Kelley School of business and have started part time program. Here is the issue I may face

1. My H1B visa is valid for next 2 years after that I may have to go back to India, but my course is 3 year long, so in order to complete my MBA can I change status to F1 visa (remember I am doing PT program 7.5 credits per semester.

2. My wife completed MBA on H4 and now have got acceptance for Phd program from Univ of Louisville. We are planning on applying for F1 visa so that she can avail the assistanceship. Now my question is how long does it normally takes to get change of Immig status approved? Also if we do get the COS is it just like F1 i.e will it allow my wife to go back to India and come to US easily. In case she needs to get stamping done in India are there chances she may get rejected? Also does her H4 visa be still valid can she return on H4 visa if her F1 visa is denied

I would really appreciate your response it will help me a lot.

Thanks,

Raj
 
H4 to F1

H4 to F1
Usually takes 6 months in CSC to get it changed from H4 to F1.

Once the status is changed your h4/h1 is no more valid.
With this F1 approval you can stay as long as you keep your student staus valid, but if you go out you have to get your F1 stamped in your passport. Chances are alwyas 50/50. because you came to US with immigration intention (h1/h4) now with F1 you are coming to US with no imigration intention. (Easy to reject).
Once your F1 is rejected, thats it you can not come with your expired h1/h4 any more.
 
I have a similar question. My LC approved and my I-140 is close to get approved. I am on my EAD and my H1 no more valid. Given the condition that my I-140 approved and in the I-485 queue, Is that feasible to go for full time college with EAD? Or do I need to go for F1 visa. If I go for F1, what will happen to my GC processing? Any advice please???
 
H1/H4 to F1

For your wife's case read the reply already posted on this thread. :eek:

For your case, you no need to go back to your home country as long as your Labor cert is pending more than one year. You can extend your H1 beyond 6th year. (7th, 8th.... every year one year increament) .Any number of years as long as you have job.

If you have job do not change to F1, you can very well complete your course with out changing to F1 :mad:
 
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