I have been on H1B for 5 years and would like to go back to school for MBA fulltime. My greencard application is waiting priority date with I-140 approved. I do not expect to get greencard in one year. I can get 3 year h1b extension with approved I-140. which of 2 option will work?
1. Go to school on F1 for 2 years and come back to H1B. If this will work, I have the following 2 concerns:
1a) can I go back to F1 with immigration intent already made clear by my green card application?
1b) can I come back after 2 years on F1 to unused H1B extension? I do not want to go out of US for 1 year. So do not want to be counted to H1 quota
Option 2: Go to school on h4 (with spouse's h1) and come back to unused H1B extension.
2a) I do not want to go out of US for 1 year. Can I switch to old H1B
Only three options that I see. First - talk to the school's DSO and pray he or she knows what she is talking about. Second - consult with an experienced immigration attorney locally. Will cost you money but answer your questions and provide some insight. Three, continue posting and hope that someone would give you a legal consultation that you seek, for free and online.
Get free answers from experienced attorneys.
21,324 answers this week
2,421 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary