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H1 to F1

08247 |

Iam waiting for my labour EB2 approval and Iam currently in the 6th year ending of H1.

I was thinking of doing masters and converting to F1, if I won't get my labour approval before my H1 expiry .

What will happen to my EB2 labour filed, if I change my status to F1?

In future, if I want to convert to H1--- Can I file for H1/ H1 extension using the approved labor which was filed earlier before converting F1.

In future, can I file for H1 using the approved labor which was filed earlier before converting to F1 or will I be coming under fresh H1 quota? Please advice!

Attorney Answers 5


  1. Changing your nonimmigrant status to F1 should have no affect on your I-140. You do have to leave the U.S. for one year to get an H1 if you used up your time and you are not doing a post 6th year extension.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. It is doubtful that you will be able to change your status to F-1 when you clearly intend to remain in the U.S.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. What will happen to my EB2 labour filed, if I change my status to F1? That is entirely up to the employer that filed it.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. If your labor certification application was filed at least 365 days prior to your H-1B expiration date, you are eligible to get extensions of the H-1B until the labor certification is denied, or the I-140 is denied, or the I-485 is denied. If you change status to F-1, you will not be able to extend your H-1B at a later date.


  5. I suggest you discuss your case with an experienced immigration attorney. You may have more options than you believe.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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