H1-F1 help!

S

suna

Member
Hi, I came to US on F1 visa and after gained my MA degree, transfer to H1 visa. I had a I-140 approved but then got laid off. I am currenly on H1 visa now after getting another job.

I just get accepted into a very good school 's graduate program and I am thinking of changing back to F1 visa. On the 539 form, they ask if "an immigration petition have ever been filed for you?" Should I answer yes or no? I asked a lawyer and he said no. but I am not so sure.

What is the consequence if I put in "no" but actually I should put in "yes"?

I am very desperate to get any help from you guys. thanks a lot..
 
Well technically you did apply for an immigrant visa.
If you put yes, F visa might be rejected (immigrant intent). If you said No, then your next immigrant visa interview or a consular appearance, this "lie" might be questioned. You can always argue then that since the I140 sponsoring employer fired you, that immigrant visa is no longer yours...
 
another related question

thanks for your reply.

If I file the I539 change of status form, there is a similar question on the form. If I answer 'no' to this question, will they find it out somehow? or I am just over-sensitive to this ? thanks again
 
similar situation

I am in a similar situation. Although I havenot lost the
job it can happen anytime. I have to do my MBA.

My labor certification has been filed.

"an immigration petition have ever been filed for you?"

Do I answer yes or no to this question?
 
Do not lie to the INS..

If you read the question " Has anyone EVER applied for an immigrant visa / immigrant labor cerification " ..there is no room for doubt.
If you ever get caught..and trust me there will be plenty of chances when you apply for visas in the future or during your future green card processing..your chances of living in the USA legally are over.
 
Then...

If I put in 'yes', is there any chance of actually getting the F visa?
So the immigration law is basically set up like traps for normal human beings. It is so unfair....
 
It is the law..

You cannot have (provable) immigration intent if you want to come here as a student...come on an H1/H4/L1..and have all the intent you need no one will have any problems.
 
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