H1B to F1 visa change; GC applied; please help

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buddymba

New Member
I currently work on the H1B visa in the US and plan to pursue an MBA education degree (full time MBA program for 2 years) beginning this fall and would like advice on visa changes from H1B to F1.

My employer had filed for my greencard process last year. Labor (first stage) and second stage (I140)are completed. Since my country of birth is India, the third stage is retrogressed and hence this application for I485 was not done.

1) Since I am planning to change my visa change from H1 to F1 and get a visa stamp, could I in any way cancel the above greencard application. I realize that applying for greencard establishes immigration intention, and the F1 student visa is non-immigrant visa. What steps should I take to get a successful F1 visa, if I want to change from H1B to F1.

2) Which is the best place for visa stamping? Canada/Mexico or goto home country.

3) My spouse has also begun his application for green card and is currently in the I140 processing stage. Let's say, in the midst of my studies on F1 visa, if my spouse becomes eligible to apply for I485 processing for himself and me, are there any problems because I would have an F1 visa?

Please let me know if anyone has been in a similar situation and what they have done.
 
You need to consult a good immigration lawyer for converting your status to F1 after showing an immigrant intention by filing for GC. Chances are very likely you will be rejected. But please consult a good attorney.
 
You can change your H1 to F1 change of status and continue your studies with no problem while you are in US. If you are going for stamping out side US, your F1 may be rejected.
Until your spouse apply for I 485 and get travel permit do not travel.




buddymba said:
I currently work on the H1B visa in the US and plan to pursue an MBA education degree (full time MBA program for 2 years) beginning this fall and would like advice on visa changes from H1B to F1.

My employer had filed for my greencard process last year. Labor (first stage) and second stage (I140)are completed. Since my country of birth is India, the third stage is retrogressed and hence this application for I485 was not done.

1) Since I am planning to change my visa change from H1 to F1 and get a visa stamp, could I in any way cancel the above greencard application. I realize that applying for greencard establishes immigration intention, and the F1 student visa is non-immigrant visa. What steps should I take to get a successful F1 visa, if I want to change from H1B to F1.

2) Which is the best place for visa stamping? Canada/Mexico or goto home country.

3) My spouse has also begun his application for green card and is currently in the I140 processing stage. Let's say, in the midst of my studies on F1 visa, if my spouse becomes eligible to apply for I485 processing for himself and me, are there any problems because I would have an F1 visa?

Please let me know if anyone has been in a similar situation and what they have done.
Click to expand...
 
great guru said:
You can change your H1 to F1 change of status and continue your studies with no problem while you are in US. If you are going for stamping out side US, your F1 may be rejected.
Until your spouse apply for I 485 and get travel permit do not travel.
Click to expand...

so r u saying that even if u applied for i485 and u wana go back to f1, it is possible? what r the steps that one should take in order ot make this work?
 
Need to Xfer from L1B to F1 but have filed for I-140

Hello guys,

I am on the same boat as buddyMBA though my I-140 was filed just 3 weeks ago and it will be a while before it will be approved.

I will be joining school this August as well. I have the following questions-

1. To the questions in I-539 do I need to say 'yes' to have you applied for green card? I mean my I-140 was just file but not approved!

2. What are the chances of getting this xfer done. What can I do to ensure this? Letter from School etc. Will that help?

3. Can a person study (Graduate studies, MBA) on H4 visa? My wife is on a H1 visa.

thanks bunch guys and keep up the good work.
 
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