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for anyone else in same situation who went through this already

Could anybody post their experience in getting F1 after H1B with I140?

Hi All - just wanted to share a quick update that I was able to get my F1 visa yesterday (with an approved I-140).

IMO, It was a fairly smooth process versus how the lawyers had made it out to be. The counselor did point out that I had a pending immigration petition but was super understanding, partly because A) there is a still a decent amount of time for my priority date to be current and B) I'm going to a top 5 school. Beyond that it was pretty much a regular visa interview.

Happy to answer anything specific in case there are any questions!

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Thank you so much for sharing the update!

Dumb question - you had to leave the US to go to an embassy to do this? Did you go to your home country or somewhere else?



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Yes, had to go out as the change of status process within the country takes 9-12 months which makes it impossible!

I didn’t go to my home country - I went to one of the Caribbean islands.

Thank you so much for posting your experience.
That's very helpful and reassuring.

Getting into top 5 colleges indeed help a lot in visa process. May I know which college you got in ?

Got it. Thanks! Makes sense. I went to Canada. But it makes for quite a risky transition, especially today and now with closures and travel bands and everything else 😬

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Yes, for sure - I entered back on my H1B visa but will be going to Canada border to re-enter on F1 in a few weeks This whole process has been a doozy but we are finally getting there!

Congrats! I do have a question regarding your visa. Do you have both H1B and F1 stamp on your passport now? And when you pass the custom, did they ask anything about your F1 visa and I assume you can still work legally now in US?

Yes, I do have both stamps but you can only be in the US on one status. I exited the country, went to Canada and entered on F1 - now I can only study and not work.

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Got it thanks!

So when you came back with H1B, did custom ask anything on the F1? Or you can tell them which visa you want to use?... Sorry about so many questions, I am on the same boat now..

All good - customs just ask you what you are here for and you just mention work or F1, whichever you are entering on. I’m not a lawyer so take it for what’s it worth but in case a question comes up, you could say that your program is starting on xyz date and you will renter at that point.

If you are worried, I would definitely suggest speaking with an immigration lawyer.

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This is super helpful thanks!

Thank you all for the info. I am in the same situation as the OP.

Hello again! Sorry I have one more question..did they mention anything about revoking your H1B while you were interviewing F1? or it's legally allowed to have both visas on one passport?

I believe we can have multiple visas (eg F1 and H1B) but only one status in the country. But again, please ask a lawyer about all these things - easier to consult an expert.

Thanks again!

That is a great solution!