F-1 visa after applying for I-140

S

SeattleGC

Registered Users (C)
I have a pending I-140 but I would need a F-1 visa for my MBA. Some people say its possible to convert from H1 to F1 after I-140 approval and some say its not. Do anyone of you have experience with this issue ro know of someone who has done that. I dont mind withdrawing my I-140 to show my non-immigrantion intent. Your input will be very helpfuk in this matter.
Thanks
 
You can get your chnage of status from H1/H4 to F1 even after I 140 is applied. I have done several cases.

You must have proof for your financials and good reason for changing the status in case of H4 to F1.

But getting the visa stamp for F1 out side USA is not possible most of the cases.

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SeattleGC said:
I have a pending I-140 but I would need a F-1 visa for my MBA. Some people say its possible to convert from H1 to F1 after I-140 approval and some say its not. Do anyone of you have experience with this issue ro know of someone who has done that. I dont mind withdrawing my I-140 to show my non-immigrantion intent. Your input will be very helpfuk in this matter.
Thanks
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I am on exactly the same boat. I-140 is pending and need to change my status from L1 visa to F1.

great guru - you mentioned that you have done this mutilple times. What reason did you give to change of status after showing an intent to immigrate? Did you do it thru a lawyer or by yourself?

thanks for you reply.
 
Hi greatguru and others
I am in a similar situation. I have received a receipt from USCIS that they have obtained my I-140 application. I am on a H1B right now and would like to transfer to F1 to do a full time MBA. Is it a good idea to withdraw my I-140 to express that I have changed my mind and do not intend to be a permanent resident. Please advise.
You have mentioned that you have done several cases like this. I was wondering in what capacity was your involvement.
 
great guru, what exactly are the reasons that you can give to get an F1 if I140 is already applied? In my case, I have applied my I140 with my spouse's name in it. My spouse in on his H1 and needs an F1 for his MBA. We had no clue when we applied for my I140 that we will fall into such a legal tangle.
My query has addtional details - http://www.immigrationportal.com/showthread.php?t=249880
My question is that I am very willing to withdraw my I140 as I do not want to go ahead with my GC now.....all I want if for him to start and finish his MBA. Is an I140 withdrawl (if there is anything like that) even possible?....or is it something like "once I have an intent to migrate i just have it" situation? When you mean you had a couple of such cases what exactly did they write back in the RFE they must have gotten in their F1 when they say "Yes" to the dreaded question "Have you or someone of your behalf ever shown immigrant intent?".....I heard that an honest response like "I just want to finish my MBA and so we withdrew our intent to migrate" is not going to suffice.....
any help or input will be greatly appreciated....thanks much!
 
I was in exactly the same situation (I-140 pending) and was wanting to change from L1 visa to F1 visa.

This week I went to US consulate in Ottawa for getting L1 stamp which I knew will not be an issue. I had mentioned in my DS 156 that I will be studying MBA in so and so school. Right after the officer told me to collect the L1 visa next day, I casually asked if I can apply for F1 visa as well. To my surprise she said yes but I will need to re enter again later on F1. She simply used the same DS 156 and attached another sticker for F1 visa. I simply had to submit another 100 non-refundable fees. Note: I did mention in DS 156 that my company had applied for immigrant visa etc.

I have a classmate who got F1 visa in toronto US consulate after having I-140 approved.

To sum up...do not loose hope. Go to Canada/India/Mexico and give it a shot. Be crisp and short in your answers.

Hope this helps.

-M
 
Its a tough call. I won the greencard lottery, have not filed anything, but a lawyer advised me not to travel to get a new F1 visa, do everything in country until it is sorted. It is so random and depends on the officer. But if you are in the US, and don't plan on traveling, there won't be a problem getting an F1 becasue the I-20 is issued by the university and you won't need to go to a consulate for a visa unless you leave the country. Remember, a visa is only an entry document, not a legal status document.
 
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