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Immigration Issues/F1 option with approved I140

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Question
Hello,
Am I eligible to apply for F1 visa since I have an approved i-140.
I have been on bench also, so studying on H1 is not possible and would not be able to change status to a dependent visa. The only option is applying for F1 visa.

Would an approved i-140 be an issue when applying for an F1-visa. What other options do I have to study full time?

Answer
Hi,

F visa status does not allow for intention to immigrate to the U.S., and thus the change of status application to F1 (student) visa status is likely to be denied by the USCIS.

You can study on H1B visa status as long as you are also employed by the H1B employer. If you are currently violating H1B status by being on the bench and thus are not being paid the agreed upon salary, and you do not have the option to change to dependent visa status such as H4, I do not see any possibility for being able to study legally based on the information provided.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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