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  #1 (permalink)  
Old 11-11-2010, 11:55 AM
Junior Member
Priority Date
:
Mar-06
Category
:
EB2
I140 Mailed Date
:
03/03/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/01/2007
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Join Date: Aug 2008
Posts: 24
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Default H1B to F1, GC in progress

Question:

H1B: 4th year running
GC process: 140 filed, waiting for priority date to become current and then apply for I-485
Priority date is Oct 2007, so not expected to be current this year.

Can I apply for F1 starting next year? This is for an MBA course.
What are the risks involved?

Thanks.
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  #2 (permalink)  
Old 11-11-2010, 12:07 PM
Senior Member
Priority Date
:
Dec-09
Category
:
EB2
I140 Mailed Date
:
06/28/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Nov 2006
Posts: 106
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F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.
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  #3 (permalink)  
Old 11-11-2010, 12:49 PM
Senior Member
Priority Date
:
Dec-04
Category
:
EB3
I140 Mailed Date
:
09/10/2006
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
07/25/2007
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Quote:
Originally Posted by PHANI_TAVVALA View Post
F1 requires a intent of non-immigration. By filing I-140 you already showed intent to immigrate (labor approval alone will not be considered intent to immigrate). You will not be able to get COS to F1 from H1B. Even if USCIS grants your COS by mistake you will have hard-time getting a VISA at an American Embassy.
So in this case if somebody wants to study for an MBA full time, and at the same time not loose H1 (more importantly GC status), what are the options. Sometimes it is possible due to bad economy, getting a job may be hard, which is an opportunity to get some degree.
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  #4 (permalink)  
Old 11-11-2010, 01:39 PM
Senior Member
Priority Date
:
Dec-09
Category
:
EB2
I140 Mailed Date
:
06/28/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Nov 2006
Posts: 106
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Convert to H4 if spouse is on H1B. Chances of getting F2 approval are also high if spouse is on F1 and has not applied for I-140 (even if F2 is approved you should not go out of the country for stamping as the embassy will not issue visa due to intent to immigrate). Greencard processing can continue in the meantime as it is process for future job offering.
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