Im on H1B since march2009 but couldnt start to wrk,my consultant still applying for a project for me my visa is still sept 2011,

Asked almost 5 years ago - Coral Springs, FL

my wife is in U.S since mar 2005,will be applying for citizenship in mar2010,can i apply for a f1 while im here,is that abest solution or do i hav to lleave the country,what abt my current status.v jst had a baby in aprl2009,plls help just dont know what to do,is applying for F1 poss is that the bst solution,will it hamper my greencard application or my wife,s citizenship

Attorney answers (1)

  1. Elaine Martin

    Contributor Level 15

    Answered . You have a tricky situation. You are not in valid status now if you have not been working for the H-1B employer. You can try to apply for a change of status (COS) to F-1, but it is unlikely that CIS will approve the change since you can't show that you are maintaining valid status at the time of filing the COS.

    If you travel outside the US to a consulate to get an F-1 visa, you might not be approved because it will be difficult for you to show nonimmigrant intent. "Nonimmigrant intent" means that you need to show that you intend to return to your home country at the end of your studies. Having been here in H-1B status, especially with a US citizen child and permanent resident wife, will make it very difficult to show the required nonimmigrant intent.

    I recommend speaking with an experienced immigration for formal legal advice.

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