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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.

Indianapolis, IN |
Filed under: F-1 visa for students

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.

Attorney Answers 4

Posted

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.

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Posted

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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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2 comments

Asker

Posted

Will it help if I ask my employer to withdraw my PERM. I am seriously interested in studying here and not in the Green Card.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, perhaps. Be prepared to demonstrate how you plan to use your uS education back home ... a job offer would be a good start.

Posted

it may.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

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 nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.

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