I am planing for F1 to persue MBA in US. I am on my 7th year of H1 (PERM filed not approved). Will PERM cause problems for F1.

Asked almost 2 years ago - Indianapolis, IN

I plan to study here with an intent not to immigrate and go back to my home country. I plan to stay out of US for 365 days before applying for my F1. I assume staying out of US for 365 days would reset my H1 clock. Also I do not plan on filing an I-140 in future, I filed the PERM just to get 7th Year H1 Extention.

Additional information

Thanks for you Answers.
Another question I have is will it help if I ask my employer to withdraw my PERM or my PERM gets denied. In that case can I apply for COS with better chances of getting approval.

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    5

    Lawyers agree

    Answered . it may.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . To get an F-1, you must not have immigrant intent. A labor certification suggests immigrant intent.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Mr. Ferrari is correct ... where is your non-immigrant intent?

    You can go ahead and 'try' to file a COS.

    I would clearly NOT leave the US at all .. until the I-140/I-485 is filed.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Lalita Haran

    Contributor Level 14

    2

    Lawyers agree

    Answered . If you consult with an attorney you can make an informed decision. Best wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more

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F1 student visa

The F-1 is the most common visa for students and exchange visitors attending academic institutions in the United States.

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