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Part-Time/Full-Time study options with H1

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  • Part-Time/Full-Time study options with H1

    My wife works as a management analyst in Non-IT organization and is in her 2nd year of H1. She is Comp Science graduate and MBA from India. However, she wants to move to IT and planning to do her Masters in Comp Science part-time or full-time. Also, her current employer is willing to file for her GC. Before taking the final decision, we have below queries/concerns and want to seek advice from this community:

    1) Assuming her I140 gets approved from her current employer during her part-time study and she gets a job in IT sector post her MS, can her new employer use her approved I140 and proceed with GC process? Are there any chances of denial because her old I140 was approved for management analyst position and her new job will be core IT?

    2) In case she leaves her current job and proceed with full time MS by getting her H1 transferred to F1, are there any chances of denial for this COS. Also, will she be able to use her current H1(that was filed for management analyst position) and get it transferred to new employer after her Masters?

    Thanks a lot for your time.

  • #2
    1) Assuming her I140 gets approved from her current employer during her part-time study and she gets a job in IT sector post her MS, can her new employer use her approved I140 and proceed with GC process? Are there any chances of denial because her old I140 was approved for management analyst position and her new job will be core IT?
    >>> No issues since the new employer will anyways need to restart the GC process. You cannot continue from the I-140 stage with the new employer. The only advantage is that you can use the priority date from the previous I-140.

    2) In case she leaves her current job and proceed with full time MS by getting her H1 transferred to F1, are there any chances of denial for this COS.
    >>> COS can get denied for various reasons. Hard to predict that. Lot of people have successfully changed from H1B to F1. If your documents are in order, then I do not see any issues.

    Also, will she be able to use her current H1(that was filed for management analyst position) and get it transferred to new employer after her Masters?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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