Transferring H-1B to F-1, with I-140 pending

C

cbw73

New Member
Hi All - if anyone can help me with this dilemna it would be much appreciated.

I am currently on an H1-B working visa, and planning to attend business school in September (full time). I had thought I could transfer to an F-1 visa, but since I've already applied for the NIW and Extraordinary ability (EB-1 and 2) green cards, and filed an immigrant petition, I'm told that this transition is now not possible. What are my options for attending business school? Is it completely impossible? From what I understand, one option is to file the I-485 (adjustment of status) thereby no longer having a non-immigrant status. My concern here is that the I-140/485 do not get approved... presumably leaving me with no option at all? (or am I then allowed to file for the F-1???). Any other ideas or options? This is so stressful!!! Many thanks.
 
It is better for you not to change to Full time student before the Green Card approval.

Since you filed I-140 application in NIW and EB1-Extraordinary ability, so you should "continue" to work in the same or similar field that indicated in the Form I-140 and in the US national interest. Now if you change to F-1 student in business school, you may have trouble to get Green Card approval, if you get RFE.

(see http://www.greencardapply.com/niw/niw_faq.htm)
 
Not only that, F-1 is strictly a non-immigrant visa where you are not allowed to "intend" to immigrate. The fact that you have filed an immigrant petition will most probably disqualify you from obtaining F-1 status.
 
You must log in or register to reply here.
Top