Immigration intent + F1 + Green Card???

L

little_curious

Registered Users (C)
Hello to all,

My situation follows: I'm on H4 and my spouse's company will sponsor Green Card within the next 3 months. I'm planning on pursuing an MBA and in order to take advantage of practical training, I'd like to switch to an F-1.

My question is:
Is it considered "immigration intent" as soon as the Labor certification is filed for the Green card, therefore, switching to an F1 within the next 3 months, would be rejected??? Or is "immigration intent" first considered when the secondary steps of the green card are filed, that is, I-140 and I-485?

Thanks so much for any input.
 
You could sqeak past.

Since you are on H4 ..there is no way your name could be connected with the H1 visa holder's LC or even I-140 for that matter.
So file for F1 COS asap
 
Thank you very much for responding.

I'm planning on starting the MBA in Fall, end of August or early September. To apply for the F1 visa I would need to have acceptance in the program first before they issue the I-20, and I don't see this happening before July or early August. Now, would July or August be too late to change status, considering that my spouse's green card process, that is, labor certification request, could start WITHIN the next 3 months, BEFORE I receive notice of acceptance in the program and hence the I-20?

Another question: Once I change status, can I go to Canada or Mexico to obtain a new visa stamp on my passport, without necessarily having to go back to my homeland? I had to go to the US Embassy in my homeland to switch from J-1 to H1B, and then back again to change from H1B to H4...

How much would an attorney charge for requesting the change of status from H4 to F1? How long would it take to be accepted by INS?

Please let me know your thoughts about this...

Thank you so much again for your feedback...
 
my opinion..

1) Actually LC process takes atleast a year these days..so no need to worry about that.
2) Your H4-F1 COS will take atleast 6 months so you may consider going to your home country / canada/mexico to get a F1 status and visa right after you get your I-20.
3) I dont know how much an attorney will charge.

tt tt
 
If you can do without the F1 then dont change status, my wife is in trouble becuase of that. She chnaged her status from H4 to F1 and this december she had gone to India for vacation. She went for the F1 visa stamp, and the consulate refused her a F1 saying that she cannot prove home country ties as her husband is in the US on H1. Now she will be applying for a H4, which I pray that they do not create any hassle.
 
Thanks for your response rock369...

That is one of my concerns, exactly what you're wife is going through... Originally when I first came to the US on a J-1 and my spouse on a J-2, the Consulate didn't want at first to give the visa but fortunately they did at the last possible minute... It all depends on the discretion of the officer who receives the case...

The reason I though of F1 was related to doing practical training, because it's not possible under H4... I guess I'm better off not doing any at all rather than going through the uncertainty of US Consulates... Thanks
 
My wife got her H4 from bbay without an incident, she was plain lucky and got a friendly Visa officer who just checked her H4 docs and did not ask anything about the refused F1.

BUT MY ADVICE IS NO ONE SHOULD GO THROUGH THE NIGHTMARISH EXPRIENCE!!
Do not change to F1 , partical training and OPD is not worth risking your entire immigration status.
 
H4 to F1 questions...

Gurus,

I have questions about this as well. My wife is currently on H4
and plans to change to F1 by applying for COS in the US, and
I have a couple of questions about this.
1 . If this is denied, will her current H4 still be valid? any effect
on this?
2. After applying for COS to F1, I understand leaving the country is very risky. I have a GC in process, currently in LC stage. At what stage of the GC process can she leave the country and not require a F1 stamp on pp to return?

Thanks!

Bharad
 
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