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US MBA - International - Visa Issues - transfer H1b to F1

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US MBA - International - Visa Issues - transfer H1b to F1 [#permalink] New post 28 Apr 2012, 06:43
Hello,

I am an international student working in consulting in the US under the H1b visa. My current employer has applied to the green card for me a few years back through the EB3 process. I received my I-140 approved a few months back. I am planning to start a full time MBA in the fall. Now that I began the paperwork to change my status in the states from a H1B to an F1, my company's lawyer advised me that my F1 visa might be rejected due to my earlier intent to immigrate.

Has any one encountered this problem? Can anyone suggest a good course of action??

Very much appreciate any advice.
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Re: US MBA - International - Visa Issues - transfer H1b to F1 [#permalink] New post 28 Apr 2012, 09:17
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Exact answer to you question:
h1-f1-conversion-general-student-visa-questions-87958-120.html#p1022496
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Re: US MBA - International - Visa Issues - transfer H1b to F1 [#permalink] New post 28 Apr 2012, 09:36
Consult a qualified immigration lawyer... Don't leave immigration issues upto to the feedback you get from strangers on the internet... If I or any other forum member tell you not to worry and go ahead with switching to F1 and you lose your visa status no one but you will lose sleep over it... my 2 cents.
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Location: United States (CA)
Concentration: Marketing, Entrepreneurship
Schools: Kellogg '15 (M), Stern '15 (A), Duke '15 (A), Anderson '15 (A), Marshall '15 (A)
GMAT 1: 620 Q39 V35
GMAT 2: 620 Q43 V33
GMAT 3: 730 Q50 V40
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Re: US MBA - International - Visa Issues - transfer H1b to F1 [#permalink] New post 28 Apr 2012, 13:41
MBADreamzzz wrote:
Consult a qualified immigration lawyer... Don't leave immigration issues upto to the feedback you get from strangers on the internet... If I or any other forum member tell you not to worry and go ahead with switching to F1 and you lose your visa status no one but you will lose sleep over it... my 2 cents.


His company lawyer already advised him against it.
I have spoken to multiple "qualified" immigration lawyers and no one has a guaranteed definite yes or no.I have gotten different answers from different immigration lawyers.
Your individual situation/immigration status/case/paperwork/attorney has more bearing on the situation than anything else.
There is no clear yes or no answer to this question.

In addition to what MBADreamzzz said, I would say that consult a qualified and well known lawyer and don't hesitate to consult more than one immigration attorney as the H1B to F1 conversion with I-140 approved is a tricky situation that many lawyers are not familiar with.
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Re: US MBA - International - Visa Issues - transfer H1b to F1   [#permalink] 28 Apr 2012, 13:41
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