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.

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.

Indianapolis, IN -

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Attorney Answers (4)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY

it may.

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

J Charles Ferrari

Immigration Attorney - Los Angeles, CA

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
F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney - Portland, OR

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
Lalita Haran

Lalita Haran

Immigration Attorney - Carmel, IN

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

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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