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Want to get into F1 from H1

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  • Want to get into F1 from H1

    Hello,
    I have been working in US for the last 5.5 years (from Feb 2006 till date) on H1-B Visa. From Feb 2006 till Nov 2008, I was working with an Indian Software company (CMM Level 5). From Nov 2008 till date, I have been working in a leading US company. I have never been out of status or out of job in US till date.
    My current employer has filed my GC and my I-140 has been approved. My priority date is Nov 2010 (EB2). Currently, I am waiting for my priority date (which seems to be still more than 3 years away even though I am on EB2) to proceed with the GC.
    I am planning to study further in US and thus plan to convert from H1 to F1 visa. I am planning to get into top school (in US) from Sept 2012.
    I have heard that as my immigration was already filed in US, it would be difficult to get F1 Visa stamped in my home country, ie. India.

    My questions are :
    1. Can I do a COS from H1 to F1 staying in the US in Jun/July 2012? This will prevent me from getting my F1 Visa stamped in my home country.

    2. If I apply for COS from H1 to F1 Visa, do you see any potential problem(s) considering my case?

    3. Still, do you feel it is safe to get my F1 Visa stamped from my home country (India) considering that I will be surely getting admission in top school in US?

    4. If I get a COS done from H1 to F1, how can I overcome 214(b) ?

    5. If I get F1 visa stamped in my home country, how can I overcome 214(b) considering my case?

    6. Do you see any different potential (immediate or future) problem(s) that I have not thought of...?

    Thank you.
    I am looking forward to receiving responses to my questions from senior members of this forum.

  • #2
    It does not matter whether you file COS or leave the US and apply for F1 Visa. You will have to answer yes to the question whether an immigrant petition has been filed for you and that will mean reduced chances.
    This is my opinion and not legal advice.

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