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Change of status while PERM is in process from H1B to F1

Chicago, IL |

Will there be any issues if one trying to change status from H1B to F1 while PERM is in process? What are the chances of change of status (to F1) approval in such case? If change of status happens, Does it have any impact on PERM process like an Audit or Deny? In this case the candidate is in H1's sixth year.

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Attorney answers 4

Posted

Possible issue is immigrant intent. PERM is an indication that an immigrant petition will eventually be filed for you by your employer, though an argument could be made that it's the I-140 petition, and one that is current, that should show immigrant intent. I'm not saying it's a certain issue that would be raised, just that your question asks for any possible issues.

JP Sarmiento
http://www.sarmientoimmigration.com

Posted

Attorney Sarmiento has given you a very conservative and appropriate response. Be careful with intent issues. Remember, a PERM and I-140 is about immigrating here. An F visa is about returning home after studying and not living here permanently.

Posted

I agree with attorney Sarmiento.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Posted

Major red flag. Read this for some clarification on intent issues: http://www.swagatusa.com/archives/1081

Dhenu Savla, Esq.
SwagatUSA, LLC
www.swagatusa.com/attorney

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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