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H1B with I-140 approved to F1

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H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 11:03
Hi All,

I was hoping I would be able to get the contact of someone who went through this process in previous years.
I am currently in the US on a H1B Visa with an approved I-140.
I have a b-school admit but I am told that "Change of Status" to F1 while I am in the US takes 11-12 months.
The other option is to go for F1 Stamping which is again risky because I have an approved I-140 (intent to immigrate).
Is anyone else in the same boat?
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Re: H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 11:06
I have not seen it brought up here but perhaps someone can share their experience. Seems something you want to search on the visa and immigration forums.

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Re: H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 11:13
2
mbawizard wrote:
Hi All,

I was hoping I would be able to get the contact of someone who went through this process in previous years.
I am currently in the US on a H1B Visa with an approved I-140.
I have a b-school admit but I am told that "Change of Status" to F1 while I am in the US takes 11-12 months.
The other option is to go for F1 Stamping which is again risky because I have an approved I-140 (intent to immigrate).
Is anyone else in the same boat?
I had the same predicament somewhat last year and I told my corporation to not file my I-140.

Based on my understanding, you can still start the school in the US without leaving USA. Yes your change of status will take a long time but that'll affect you only if you leave USA. As long as you stay in the US it shouldn't matter as you would have the legal status in form of your i20. Leaving USA to get an F1 Visa is more risky especially under the current scenario. Trust me I had the same doubts as you did. For me it was even more complex as I came here on F1 7 years ago and now on H1 with my corporation almost going ahead to do my i140. I didn't realize then it would result in a conflict of intent but when I did I stopped the process.

You should sit with an immigration lawyer who would be able to dig deeper into this issue and tell you all the risks involved.

Good luck!

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Re: H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 11:24
If you are already in the US, why do you need to change your visa status?
Your H1B should allow you to study as well.
Is the program part-time? If yes, then I believe it shouldn't be a problem.

here are some answers:
https://www.quora.com/Can-H1B-visa-holders-study
http://go2immigration.com/can-h1b-visa- ... ed-states/

it all depends on whether you're going to continue working or not...
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Re: H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 13:06
+1 on this. That's one reason I didn't apply for an I-140 as well.
RF20 wrote:
mbawizard wrote:
Hi All,

I was hoping I would be able to get the contact of someone who went through this process in previous years.
I am currently in the US on a H1B Visa with an approved I-140.
I have a b-school admit but I am told that "Change of Status" to F1 while I am in the US takes 11-12 months.
The other option is to go for F1 Stamping which is again risky because I have an approved I-140 (intent to immigrate).
Is anyone else in the same boat?
I had the same predicament somewhat last year and I told my corporation to not file my I-140.

Based on my understanding, you can still start the school in the US without leaving USA. Yes your change of status will take a long time but that'll affect you only if you leave USA. As long as you stay in the US it shouldn't matter as you would have the legal status in form of your i20. Leaving USA to get an F1 Visa is more risky especially under the current scenario. Trust me I had the same doubts as you did. For me it was even more complex as I came here on F1 7 years ago and now on H1 with my corporation almost going ahead to do my i140. I didn't realize then it would result in a conflict of intent but when I did I stopped the process.

You should sit with an immigration lawyer who would be able to dig deeper into this issue and tell you all the risks involved.

Good luck!

Sent from my ONE A2005 using GMAT Club Forum mobile app
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Joined: 01 Apr 2018
Posts: 4
Location: United States (CA)
Concentration: Strategy, General Management
GRE 1: Q169 V170
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WE: Engineering (Computer Software)
H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 14:38
Thank you very much everyone for sharing your thoughts.
I already have my I-140 approved. So, I cannot go back on that.
Regarding change of status, this was an attorney's response:
--> "USCIS now insists that you maintain your H-1B employment until they approve your request for F-1, which is taking 11-12 months from filing to approval."
So, I am trying to see whether there are any recent examples of people who were able to get F1 Stamp after having H1B I-140 approved (I know that this is quite risky as well).
I will meet some immigration lawyers and keep you posted.

I have been admitted to a Full Time program (The school does not have a part-time option and I am also not keen on one as I want to switch careers).

RF20 wrote:
mbawizard wrote:
Hi All,

I was hoping I would be able to get the contact of someone who went through this process in previous years.
I am currently in the US on a H1B Visa with an approved I-140.
I have a b-school admit but I am told that "Change of Status" to F1 while I am in the US takes 11-12 months.
The other option is to go for F1 Stamping which is again risky because I have an approved I-140 (intent to immigrate).
Is anyone else in the same boat?
I had the same predicament somewhat last year and I told my corporation to not file my I-140.

Based on my understanding, you can still start the school in the US without leaving USA. Yes your change of status will take a long time but that'll affect you only if you leave USA. As long as you stay in the US it shouldn't matter as you would have the legal status in form of your i20. Leaving USA to get an F1 Visa is more risky especially under the current scenario. Trust me I had the same doubts as you did. For me it was even more complex as I came here on F1 7 years ago and now on H1 with my corporation almost going ahead to do my i140. I didn't realize then it would result in a conflict of intent but when I did I stopped the process.

You should sit with an immigration lawyer who would be able to dig deeper into this issue and tell you all the risks involved.

Good luck!
Intern
Intern
avatar
Joined: 01 Apr 2018
Posts: 4
Location: United States (CA)
Concentration: Strategy, General Management
GRE 1: Q169 V170
GPA: 4
WE: Engineering (Computer Software)
Re: H1B with I-140 approved to F1  [#permalink]

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New post 02 Apr 2018, 19:37
If anyone is aware of people who have gone through this process from H1B I-140 to F1, I would really appreciate if you could PM me that info.
I guess my best chances are using the same argument that a successful candidate has used at my consulate in the last couple of years.
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Re: H1B with I-140 approved to F1 &nbs [#permalink] 02 Apr 2018, 19:37
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H1B with I-140 approved to F1

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