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Immigration Issues/H1B to F1 change of status I-140 in process

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Question
Hello Sir,

I'm on my H1b and got my PhD admission and want to change my status to F1, I wanted to apply for COS, i heard that having I140 under process is an issue to show no immigrant intent.is that true?

And i had other question once i applied for Change of Status can i start attending school full time or do i need to work on my H1b unitl F1 gets approved?

Answer
Hi,

Change of status to F1 is not likely to be successful, as either a pending or approved I-140 petition shows an intention to immigrate to the U.S., and that is incompatible with F1 nonimmigrant visa status, unlike H1B/H4 status which is 'dual-intent' and does allow for an intention to immigrate to the U.S.

Studying in H1B status is permissible, as long as the candidate is also employed as per the terms and conditions of the H1B petition.

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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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