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Change of Status to F1 After Six Years on a H1B Visa

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  • 09-07-2013, 09:26 AM
    nthaccker
    Change of Status to F1 After Six Years on a H1B Visa
    Hello,

    April 14 , 2013 : New PERM filed . NO news so far :

    My 6 years on H1B complete Oct 01st. What is the best course of action for me ?

    Is it okay if i go to F1 or should i just pack-up and go back . (Lawyer says go to F1 as i have an approved admit / I-20 from the university , i just need to file the COS)

    Suppose by Gods grace my I140 gets approved - How easy/complicated it is to get back from F1 to H1B and file for extension
    I mean am i even eligible to get H1b extension immediately even if the I140 approves after 6 years ?

    Appreciate any suggestions

    thanks
  • 09-08-2013, 09:49 PM
    Mr. Knowitall
    Re: Change of Status to F1 After Six Years on a H1B Visa
    If your I-140 is approved it can complicate your effort to change your status to F1, as an F1 visa is a nonimmigrant visa and the I-140 indicates intent to immigrate. Your lawyer appears to believe that the pending I-140 won't affect an effort to change your status; your lawyer knows more of the details of your situation than we do.

    If the I-140 is approved, you will be eligible to extend your H1b visa - but to do that you must be in H1b status.
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