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Immigration Issues/Married to GC holder, H1 expires, apply for F1

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Question
I just married a GC holder and I have an H1B. My husband obtained his GC 1 month ago so he has about 5 years before he is a citizen and can sponsor. My H1B expires in 2 years. We do not want to be separated therefore to fill the gap between 2 and 5 years, I plan to convert my H1B to a F1 visa and go back to school. Is it possible to convert my H1B to a F1 knowing that I am married to a GC holder or will there be any issue?

Answer
Shoo Mi,
Your COS to F-1 should be approvable under the circumstances provided you do not file any immigrant visa applications during this time.

You could also look into the options to extend your H visa beyond the six year limit.

Sincerely,
Ramasamy Krishnan

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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