H1B with I-140 approved to F1

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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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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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
https://go2immigration.com/can-h1b-visa- ... ed-states/

it all depends on whether you're going to continue working or not...

+1 on this. That's one reason I didn't apply for an I-140 as well.

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).

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.


Moderator Note: This person has successfully gotten their F1 and did their MBA per this post: https://gmatclub.com/forum/yale-som-vs- ... l#p2227960

mbawizard ,

I am in the same predicament and forsee going back to home country for stamping as my only option. I don't have my I-140 filed and by the start of my MBA will have about 2 years ( out of 6 years) of H1B left. The schools I am aiming for either don't have a part time MBA or are located in a different city than I am. I am also looking for a change of career so FT seems to be the apt way to proceed.

It would be great if you could share your experience.

If there is anyone else who has recently applied or is applying , and have faced/ are facing the same challenges, please PM me.

Did anyone with H1B and approved 140 end up going abroad for F1 visa application, instead of filing change of status in US?

Please share your experience. Thanks a lot

Hello all,

I am in a similar situtation.
My 6 year H1B expired, with I140 approved. I recently got 3 year H1B extension.
I am applying to school for full time programs.What would be the best way to go from H1B to F1?
Will it be an issue in change of status?
Can we start the program while the change of status is pending, since it takes 11 to 12 months?

I am in the same boat. Have approved i140 and targeting full time mba in US. Can anyone please tell me eventually what happened?

1. the H1-b visa gets continued and transferred to the new employer, right?
2. is the i140 priority date retained and transferred to the new employer after finishing mba?

Thanks!

Did any of you continue ahead with the changed from H1B to F1 with an approved I-140? I am in the same boat and not sure what next steps I should take. Any advice would be helpful! My MBA program starts this August from a Top 10 school.

In the same position. Is there anyone who is trying to move from H1B to F1?

Bumping this... Did the OP or anyone get their F1 visa approved (with an approved i-140) at a consulate in your home country?

Bumping this as well - anyone with an h1b and approved I-140, who went for F1 stamping, please share your experience.

Also, for the change of status within the country, does anyone know if the COS needs to be approved before the program start date or one can start classes if the case has been filed?

Posted from my mobile device

I had an H1B with approved I-140, and got an admit from top3 business school. The university's immigration advisor told me that it would be impossible to go back on an F1, but I felt it was a risk worth taking.
Went back home, applied for an F1, and got the visa without any issues.

So does that mean you have to restart your I-140 process with the same/another employer again in the future? Is there a possibility to go to school on H1B with an approved I-140?

Really reassuring to know this! May I ask what's your home country?

Hi I was also curious to know your home country? Would you mind letting us know syedsaadahmed88

I don't know if the OP will come back to post a reply (they have not visited since March) but I looked up their account and the domain name of their email address ends in "in" so likely India. The post was made from the US so it seems to match the story.
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