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Options to do fulltime MBA after 6 years of H1B and Greencard priority date not current. So do not expect Green card.

Irving, TX |

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

Attorney Answers 3


F-1 is probably not a good option, unless you sincerely intend to study, not work and are not an intending immigrant. Please consult with an immigration attorney for a confidential consultation.

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Too many questions for a free general consultation on AVVO.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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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.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; 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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Thanks. Will contact an immigration attorney and check with them.

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