H1b to F1 with I140 approved

Question

I plan on applying to B-schools for 2008, and just stumbled across something on businees week forums that has set me worrying.
This is regarding the change of visa status from H1B to F1

My company had started my labour certification process, and I had my I1140 approved
last year. I read on business week forums that once I have applied for/have approved I140, it is not possible to get an F1 (because an F1 requires you to show an intent of returning back to your home country once you are done with school, and I140 shows my intent for permanent residency. There is a box on F1 application forms which asks if you have ever applied for an immigrant visa, with an explicit reference to I140)
 
Anyone else in the same boat who thinks different ?  
Bweek had ~70 posts with people sharing same concerns, and the conclusion they seem to have come upon is that it is  NOT  possible to get an F1 after applying for I140 untill you get your green card.

futuredukemba · Answer

I am not in the same boat but I am familiar with the situation. There is obviously a risk (dont think it is as high as they are making it sound on b-week). Here is a response a friend of mine received regarding this from the US consulate:

It will be looked at by the interviewing officer and your intentions will be discussed. Shouldn't have much effect."


I think this will become more of an issue if you require an F-1 visa stamp (i.e if you travel out of the country and need a visa to re-enter) than a status change. The interviewing officer may question your motives and intent

gmat_march · Answer

Thanks, this gives me hope ! I got a chance to speak with s'one having the same issue, he is going to India for his F1 stamping in June. The obvious and probably the best reasoning one can give in the visa interview is that one is already giving up on I140, showing education, not GC is one's priority.

The statement from the US counselate is definitely re-assuring.

vikramjit_01 · Answer

I read in Friday's paper (Times of India, May-18 for curious fellow Indians like me) that the US is considering offering a green card to any foreigner who earns a Master's Degree from an American University! I think they are calling it the Skilled Worker Immigration and Fairness Act . If the rules are going to be changed sometime soon then there's no reason for worry :wink:

jainan24 · Answer

vikramjit, can you please provide the link, the story is hard to believe, some congressman may have raised the issue but I don't think the proposal has any legs

vikramjit_01 · Answer

I thought this might happen

I don't read the newspaper online but this is the link for it: https://epaper.indiatimes.com/ Remember it's Times of India, May-18 you are looking for (Pg. 10 or 11!) Also of interest: https://www.swnebr.net/newspaper/cgi-bin ... .pl?160701 Read the paragraph immediately after the bullet-ed points. Have fun reading it. Whether this happens or not, it seems the US will become friendlier to foriegn students from developing countries - The name of the act might imply fariness to workers but it's really trying to say it makes economic sense for US companies.

lysardesai · Answer

Were you guys able to go from H1B to F1? How difficult was the process and what did you guys do: COS or stamping in India?

AdamDas · Answer

Was he able to get his F1 stamping done?

H1b to F1 with I140 approved

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