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

Asked about 1 year ago - 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)

  1. Alexander Joseph Segal

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . 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 www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

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    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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.

  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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