Immigration Issues/H1B to F1 to I140

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Question
Hi Ajay, came as a student in July 2000 and spent 4 years doing my BS from PSU. Have been in job since June 2004 and my 6 years of H1B expires in September 2010. I have recently obtained labor certifcation but as I have got admission in one of the top MBA schools I must convert to F1. My question is that I have to apply for conversion to F1 and after obtaining F1, I want to apply I140. Is this the correct course for me. Is there any catch or advice from your end. Thanks. Anil.

Answer
Hi,

I-140 must be filed within 180 days of certification of PERM (also known as application for labor certification). Since I-140 (petition for immigrant worker) is an immigrant petition, and F1 status does not allow for intention to immigrate to the U.S., I agree with you that it is a good idea to file for change of status from H1B to F1 prior to filing I-140.

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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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