URGENT: H-1 to F-1 questions

F

fromEast

Registered Users (C)
My company will temporary shut down for 2 months for financial reason while future is unclear. Since I have been studying in a Ph.D program on a part-time basis for the past 2 years, I'm considering changing to F-1 to finish things up.

Questions are:
1. Can I go to Mexico to get F-1 stamp? Since I have filed 485 before, is it going to be a problem? If denied, what should I do?

2. How long does it take if I apply to INS directly from US?

3. If I applied directly to INS and my H-1 is approved, then does it mean my H-1 will be invalid immediately?

Thanks in advance.
 
You cant get F1

status or visa..since you have applied for 485..it is just impossible. So dont go to mexico...they could cancel your current visa ( h1) and not issue you an f1 then you are really in trouble.

If you apply to INS for COS to F1 they will take 6-9 months to determine that you cannot get an F1 status...but you can buy some time that way.

IF you get F1 your H1 visa is no longer valid. However believe me you cannot get an F1 ..filing for 485 is a killer.
 
Is your I-485 still pending? If so, for how long. I think if it is more than six months, then AC21 might help you, and you may not need the F1 status.

It is very difficult to get F1 status. You may still try by showing that you really intend to go back to your home country and that you wish to finish the PhD. Since you have been in the PhD program for quite some time, you might be able to use that to convince that you are not changing to F1 simply to stay in the US. A good attorney might help.

Another possibility might be (this is rare) is to apply for I140/I485 on your own under EB-EA or NIW, which all depends on your credentials, research work, its importance etc.

If you need only a few more months for finishing up, then you can apply for F1 to buy more time.
 
Last edited by a moderator:
tt tt and Raj1994, I greatly appreciate your reply. I made a mistake in my previous post, I actually once applied for I-140(approved) but have never applied for I-485. I don't know if that changes the scenario a little bit.

I'm quite disappointed here and really feel like to finish up Ph.D and then either go to Canada(if my CA GC goes well) or go back some place I can call home.
 
I-140 is immigrant visa application..

that shows intent to immigration...still a no no for F1 visa.
 
You must log in or register to reply here.
Top