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Immigration Issues/May I still apply and get approval F-1 visa after my company withdraws my I-140 & I-485 application?


Dear sir/madam,

I am currently working on H1B visa in USA and my company and I filed I-140 and I-485 for my green card application. However due to financial crisis, I may be laid off during the green card process. I am also a part-time PhD student in a US university. If my company withdraws my green card application, can I still apply for a non-immigrant visa (F1) to pursue my PhD degree?

Thank you very much.


If you have already filed for an I-485 you have declared immigrant intent.  You probably are not suitable for an F1 visa.  I would suggest that you consult with an immigration attorney to figure out your best options.  This forum is too limited to be able to discus your options.
Good Luck
Mark Ashley

Immigration Issues

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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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