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Immigration Issues/As a H1B with I485 pending, can I apply for F-1 visa


QUESTION: I am on H1B status now and during I485 pending. Can I convert to F1 visa from H1B for school? What is the chance of rejection?

ANSWER: Sherry,
You are not eligible to apply for an F visa as you have declared immigrant intent by filing for the adjustment of status.
good luck
Mark Ashley

---------- FOLLOW-UP ----------

QUESTION: Thanks a lot Mark. If not applying for F1, can I go to school as a full-time student? What can I do now to go to school in the US under my situation?


In your current situation, you should be able to go to school without the need to get an F1 visa. There is nothing you need to do via the immigration service to attend school.  NOTE if you stop your H position, then you will still be in legal status but that would end if your I485 were to be denied for some reason.

Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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