H1 to F1 and GC processing qn

[sgupta01]

Hi all

I am currently on H1 visa and so is my husband.I have 5 years left and he has 2 more years, His company just filed his GC in NJ ...so we are worried it may not come in time. So he is applying to schools and intends to change his status to F1 next yr ( Fall 2003). Now my qns:

1. If you have just 8 more mths( H1B for him expires Mar 04) , do you think they will deny his COS?esp since I am working here
2.His company agreed to keep processing his GC , but if he switches to F1 , there is some catch abt dual intent , so does his GC appln cancel?

Pls help us out here. Any tips/advice appreciated
Thanks

SG

 

[CSHANKY]

If your I 140 or 485....

is applied for, then your F1 COS is unlikely to be approved, because of the CLEAR \'immigration intent\'. You will answer specific questions in this regard on the I539 COS application form.

In general, once your GC application is past the Labor stage, you can are not eligible for most Non-immigrant visa\'s like B and F. However, this does not apply to H visas.

 

[whiz-kid]

Possible to change from H1 to F1 but in addition to previous message of CSHANKY

However he cannot have GC processing while he is on F1 status and he cannot work of campus on F1. Better option may be to for him to go on H4 and can take courses and you apply for GC which can be possible in 2 more years before all his 6 year of H1 gets over.