Change of status during MTR

[sreenu530]

Hi all,

My h1 extension was denied recently even after 140 was approved and I filed for MTR...and am waiting for the receipt number...i am in my 5th year on h1b...and i did nor apply for 485 yet..

can i change my status to F1 - study visa during this period.

My h1b and i94 expired last month....april 13
what are the other options....
any leads will be helpful..

Sreenu

[kabkaba]

Since you are out of statues and illegally staying beyond I-94 date, change of status to any other will be rejected. I-140 is for a different job so it has no relation to your H1. You need to leave the country and apply for a new visa or wait for the PD to be current.
F1 needs that immigrant intent is not present, so it may be denied.