Immigration Issues/Immigration

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QUESTION: Dear Sir

I am changing my status from H-1 to F-1 and now I am joining Kaplan and that issue I-20 for 6 month and I heard that the change of status from  H-1 to F-1 process will almost take 6-7 month so USCIS might reject coz the I-20 was issued only 6 month and they will reject coz the I-20 will be expired when the USCIS will come to the decision.

Help me

Thanks
Kumar

ANSWER: Kumar,
If the I-539 is pending while filing the I-129 you need to attach the receipt and make sure that the USCIS matches both the files while adjudicating your H-1B petition.

Also try to get a I-20 for one year program if available.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

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

QUESTION: Hi

I did not understand what is I-129. I am just changing from H-1 to F-1 and the I-20 which kaplan will issue will be for 6 month so that will create a problem.

thanks
Kumar

Answer
Kumar,
I am sorry for the confusion, it is taking more than 6 months and  if your I-20 is not valid at that time, the USCIS will ask you to provide additional information. Also if your I-20 is expired by then you would any way need to leave the country.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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