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Background:
My H1 expires on Jan 18. My labor has not been filed yet. But I am assuming that by January 18 my labor would be approved and premium processing application for I140 would be in process. This means that I will not able to file for H1b extension.
In order to avoid this situation I am thinking of changing my status from H1 to F1 in December. Once I140 is hopefully approved, I would then like to change the status from F1 to H1, and file for extension.
Question1:
Can I transfer back to H1 as soon as I140 is approved? Or would I have to wait to finish the semester?
Question2:
I have heard that I140 application means intent for immigration. And in this case applying for F1 could be risky, because USCIS may not like the actual purpose of F1 transfer in case of I140 pending, and may reject the application for change of status.
Is this a real risk?
Please reply.
My H1 expires on Jan 18. My labor has not been filed yet. But I am assuming that by January 18 my labor would be approved and premium processing application for I140 would be in process. This means that I will not able to file for H1b extension.
In order to avoid this situation I am thinking of changing my status from H1 to F1 in December. Once I140 is hopefully approved, I would then like to change the status from F1 to H1, and file for extension.
Question1:
Can I transfer back to H1 as soon as I140 is approved? Or would I have to wait to finish the semester?
Question2:
I have heard that I140 application means intent for immigration. And in this case applying for F1 could be risky, because USCIS may not like the actual purpose of F1 transfer in case of I140 pending, and may reject the application for change of status.
Is this a real risk?
Please reply.
