from h1 to student

Z

zyx2002

Registered Users (C)
I have completed 5 yrs 2 months in h1. I donot
know whether my green card will work out or whether
I will be able to keep my job till I get green card.

I got admission in MBA in a top IVY League school.
If I get laid off or if my green card doesnot work out
can I chnage to F1 after my 6 yrs in h1 is over?

Can I have both H1 and F1 status?

Thanks in advance for your response.
 
To get a F1 status, BCIS should not get the impression that you intend to immigrate. So if you are in the green card process, then your F1 could be rejected.

However, moving from H1 to F1 status should not be a problem, if you are not in the middle of the GC process, and if you could provide other documentation as required for a F1 status change.
 
It is tough..

If anyone has ever applied for a LC or I-140 or !-485 for you..you will find it very hard to convince the INS that you do not have the immigration intent that is needed for F1 status.
I have known a few of my friends who changed from H1 to F1, but they did so only after being on H1 for 3-4 months and they had no LC/I-140/I-485 applications put in for them.
 
so what is the option

this is really bad !!

now LC is taking for ever ...... and no gurantee
that the job will be there till the GC gets through.


so does that mean in case of job loss pack just go back .....

i need to get the degree .......

what is the best way to do the MBA even if the job goes and the
GC deosnot work out?
 
Check with an attorney...

Anyhow..if you have completed 5yr 2 months on an H1...getting on an F1 will not help..even after you complete your MBA..since you never left the USA you will only have 10 months left on H1 status..your only option is to get out of the country for year to get more H1 time. Right now your best bet is to stay on the job..if your LC is approved and you file I-140 and your LC has been filed for more than a year then you can hang on to H1 status.
But get a good attorney and explore your options.
 
tt tt thanks pl advise

tt tt,

I donot care if my h1 gets over and I cannot
come back. I can go to europe. But I have to complete
the MBA. Can any suggest the best option?

I have to do the MBA. I am not much bothered
about the job. Whether I keep it or not it doesnot
matter but MBA I have to do. Getting into it
was very difficult.
 
Previous rules..

4-5 yrs ago...one could file for a H1-F1 change of status and start studying...one was not eligible for any university aid until the F1 came thru..but one could atleast get the credits without any waste of time. I believe after 9/11 it is not possible to do so..I am not sure so check with an attorney if this is still an option..usually the H1-F1s take 6-9 months...so that way as long as your application is pending you are still hanging on in status...of course this is not sufficient time for you but something that occured to me.
 
Usually filing LC is not considered as showing immigrant intent (unlike I-140/I-485). Search the archives...
 
You cant lie to a question as clear as that.

It clearly asks if ever anyone has filed for LC ? if the answer is yes..then you got to say yes...otherwise you could get jailed..read the bottom of the form ..if you lie you commit perjury. If you get caught...the local authorities will jail you for perjury...then the INS will kick you out.
In today's times immigrants already get discriminated because of their alleged intent to come/enter/stay in the USA by hook and by crook..why do you want to provide more ammunition to others by really doing such things ?..next thing you know they will suspect people like us even more..
 
If I remember correct, the question asks whether any "immigrant petition" has been filed on your behalf, and not whether a "labor certification" has been filed on your behalf. So now the question is whether labor certification is considered as immigrant intent, and I believe there has been a lot of discussion on this previously and that immigrant intent starts with I-140.

And yes, one should not conceal the truth. If you have filed I-140, the INS/BCIS has anyway a record of that.

With 5+ years on H1, the INS could easily question the intention of F1. Should show convincing reasons that one intends to really study, and not use F1 as a means to stay in the US.
 
The (old form) OF 156 had 2 separate questions. The new DS 156 has only one question on Immigrant visa petition. If your 140 or 130 is pending say yes. Otherwise say no.
Labor certification is not considered immigrant visa petition.
 
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