Gurus Please help! H1 7th year and F1 - is extension indication of immigrant intent?

G

garp

Registered Users (C)
I am on 7th year H1. Worst case my LC doesn't get approved can I change to F1 and will it get approved? My issue is if you are on 7th year extension of H1 it can only be because of a pending LC.

So if I apply for F1 now, will they not reject because they will know that I have immigrant intention.

Also change of status form to F1 asks if an immigrant petition was filed. Can I answer No under the circumstances.
 
garp,

Why do you want to change to F-1? I do not know what may happen if you convert to F-1, but if your job is with a valid entity there is no reason that your H-1 will be rejected.

I had the same question and asked my lawyer whether my 7th year H-1 visa would be rejected since I have already started my immigration process. The answer is: People who come to the US on L-1 and H-1 visas come with a dual intent, which means that people at the department of state know that they may file for their immigration to the US. The same does not hold true for people coming on F-1 or B-1. People coming on F-1 and B-1 have to prove strong ties to their country of residence. My attorney mentioned about the law changing some 15 years ago to this affect.

So dewd, you are fine on an H-1 as long as you work for some valid company.

Hope this helps.
 
garp said:
I am on 7th year H1. Worst case my LC doesn't get approved can I change to F1 and will it get approved? My issue is if you are on 7th year extension of H1 it can only be because of a pending LC.

So if I apply for F1 now, will they not reject because they will know that I have immigrant intention.

Also change of status form to F1 asks if an immigrant petition was filed. Can I answer No under the circumstances.
Click to expand...

First of all filing LC is not an immigration process. immigration intention start when you are Filing I 140 for employment basis and I 130 for family basis. However changing to F1 with immigration intention within US is not a problem, actual problem start whne you go out for stamping the Visa especially in county like India
 
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