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.
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.
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 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.
3 lawyers agree
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.
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5 lawyers agree
If you consult with an attorney you can make an informed decision. Best wishes!
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