H1 to F1 with GC

B

buddykumari

New Member
I am currently on H1 and my GC has been filed (stage 1, labor). I want to join school.

1. Does my having filed for GC(labor stage) increase chances for a rejection of F1 visa(intent to immigrate)?

2. Should I get a status change from H1 to F1 within US or do I need to go outside

3. If my F1 gets rejected, can I still continue to work at my earlier employer on my earlier H1

4. Can my GC processing continue even when I am on F1

Thanks a lot. would appreciate feedback.
 
Answers

1. Yes, but generally DOS takes the harsh stance not INS
2. Since INS handles COS within US, you are better off doing it here. But eventually you might face the DOS while going for stamping.
3. yes you can
4. yes it can. But once I140 is approved, then you might have to file I485 and be on EAD from then on.
 
getting F1 with labor applied

I have applied for stage 1 GC and am currently on H1. I am going to apply for a F1. I am concerned about F1 getting rejected because of intention to immigrate. However the new
DS 156 only asks about whether you have applied for an immigrant visa petetion not about labor petetion. Would the consulate know about my labor petetion ?
 
Maybe

Consulate can not find whether a LC is pending or approved. But because of your previous visa, might ask you that Question after calling you for an interview.
 
thanx jaxen.

had one last question:

If I jointly file I 120 and I 485 (due to the recent change in laws), how long after the filing date will I get my EAD?

If I have my EAD:

a) Do I need an F1 visa to go to school to study
b) If I leave my employer and go to school, does my EAD remain valid and I get my GC eventually
 
u mean i140 adn i485?

You should get EAD in the usual processing time (45-90 days depending on service center)
While on EAD
1. you do not need F1
2. You can attend school, as long as the employer is ok with it. However after GC approval you have to join your employer (or take up similar employment). Otherwise you will be in trouble when you apply for GC renewal or citizenship application.
 
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