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H-1B termination to F-1 student visa

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  • H-1B termination to F-1 student visa

    Dear Sir or Madam,

    I have a question for changing from H-1B visa to F-1 visa.

    Background: I filed I-526 form (immigrant petition by alien entrepreneur) through EB-5 Green card program in 12/2014 and this will probably get approved by April or May 2016. Currently, I live in the U.S.using H-1B visa. However, my employment will be terminated by the end of March 2016. So I plan to file i-539 form (application to extend/change nonimmigrant status) change to F-1 visa in order to stay in the U.S. But I have two concerns:

    1. I-539 processing time may take 3~6 months. Since my H-1B visa will become invalid by the end of March, what's my status during the waiting period? Will I be considered as "out of status"?

    2. Since F-1 is a non-immigrant visa but I filed immigrant petition already (i-526), will I-539 change from H-1B to F-1 application even approvable?

    Thanks so much for your help.