It depends on what kind of education you are pursuing. You can switch to F1 status even though it will be tough, because of the
non-immigration intent. However, I think, if you are able to prove that you are really serious about higher studies, like getting into
admission into a good university/college.
What constraints you have ? your wife is working here and you want to continue ? You may even consider, coming here on B1
after going back to your country and joining some leading software firms.
Thanks for your help Ramsud
I don\'t have a wife yet and I will probably go back to my country December and wait over there for the result of I-140 and if everything is OK with it I will try to come back here for AOS
maybe with tourist visa or something
Non-immigrant intent applies only if you are outside U.S?? Doesn\'t it?? If you are already in the U.S , INS should allow you to stay with F1 status right?? My take on this is You will have problems , only if you travel and you try to stamp a Visa at a consulate.
Thus you may not get a F1 Visa in a consulate , but you may be able to file an ammendment to adjust to a different non-immigrant status, if you are already in the U.S??
Relax, there are several ways you can stay in the US even if your H1 expires. If your wife still has H1 period remaining then it is best for her to find a job. Otherwise, you can extend your H1 by the number of weeks or months you have stayed outside US in the last six years. If you have already applied for I140 and you are expecting its approval in the next 4 or 5 months, I would suggest not to leave the US but wait for its approval. Once your I140 is approved you can apply for I485 and you will get your employment authorization along with it. You are safe as long as your combined total of unlawful stay in the US is less than 180 days.
Hope this helps!!