Switch to F visa

Jms

Registered Users (C)
Can H1-B visa holder switch to F visa after filing I-485? To my knowledge, F visa can not be approved if one has immigration intention. Has anyone heard any story about this? Thanks.
 

I think it's true, only by miracal or with good lawyer you can get f1 approve after filing I-485.

I was curious, why you want to switch after filing I-485 ? don't you want to get EAD ? anyway after filing I-485 you will be in status (of adjustee) even though you are not working with your h1 sponsor employee. My advise hire good lawyer and work out your problem. Don't give up the hope. and don't make silly mistake.

I hope this help.

JB



Originally posted by Jms
Can H1-B visa holder switch to F visa after filing I-485? To my knowledge, F visa can not be approved if one has immigration intention. Has anyone heard any story about this? Thanks. [/B]
 
Thanks for the reply. Why would an applicant be still in state if he lost the H1 status with green card sponsor after filing 485 a month ago? Any law or regulation available on INS web site about this subject?

Thanks
 
You need to hire good lawyer

See I am not lawyer, but if you can consult good lawyer like Mr. Khanna or murthy. They can get you benefit of Ac21. There are some catch but it's always better to take chance compare to f1 status.

the catches are following
1. You need to find Job ASAP in simliar field, and once you get your EAD start working.
2. You case shouldn't be approve in 6 months(180 days) , which is case for most of the I-485 applicant.

Go to portability thread and do some research. or half an hour consulat charge won't coast too much for reputed lawyer, but you will get peace of mind. (the reason I am saying, I know one case simliar, which is not apporved yet, but switch job sucessfully one month after I-485 filing)

Good Luck.

JB

Originally posted by Jms
Thanks for the reply. Why would an applicant be still in state if he lost the H1 status with green card sponsor after filing 485 a month ago? Any law or regulation available on INS web site about this subject?

Thanks
 
Not to worry!

I have been following some threads that discussed this and the conculsion that I have come to is that you don't need to worry. Once you have filed for I485, you are not in adjustee status. There is no need to go for a F1.

Find a job in the same geographical area, paying the same or more salary, with the same or slightly different job profile. If you can do that then there is nothing to worry even if you get an RFE. I just read an approval for someone is a similar situation, who lost his job about an year ago. Got one RFE, but he answered it and received approval yesterday. So you have good precident. All you need to worry about is :

1. You maintain status, (look for a job asap and transfer h1)
2. Hope your 485 doesn't get approved inside of 6 months.

If your lawyer hasn't applied for EAD, do so immideatly. And once it comes you should find it much easier to get a new job!

Good luck and keep us posted on the developments.
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:cool:
 
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