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Immigration Issues/I-539 (H1-B to F-1) - concern about immigration intent


Hello Robert,

I'm currently on H1-B status working as an engineer and plan on returning to school full time to pursue a MS degree at Stanford University, beginning 9/07.  I will be filing the I-539 application to change my status from H1-B to F-1 in the US.  My understanding is that I need to satisfy the “no immigration intent” criteria in order to change to F-1 status.  

Back in 2003, I was selected for the DV lottery and subsequently filed the I-485 adjustment of status application.  However, the application was denied since I was not able to secure a visa number at the end of that fiscal year.

My questions are:
1) Is it likely that my I-539 application will get approved, based on having filed I-485 previously?
2) I will need to provide an explanation for the previous I-485 filing in the I-539 application.  What would be some examples of explanations that may be acceptable to explain the issue regarding immigration intent?

A brief summary of my previous status:  I came to the US with a B2 visa in 1996 (age 13).  My B2 I-94 expired on 8/17/96 and the INS received my change of status application on 8/19/96 and subsequently approved the change to F-1 on 8/23/96.  Since then, I was on F-1 status for high school (4 yrs) and undergraduate (4 yrs) and H1-B status for the past few years, and have been in valid status all these years.

I would really like to pursue my graduate education here in the US and hope that the I-539 application will get approved.  Your advice is greatly appreciated.



I do not see a problem. You have maintained status the whole time. If you were intent on staying forever, you probably would not have gone throught he trouble of staying in status all this time. You can be honest with them that you hit the DV lottery which formed the basis of your I-485 that was ultimately denied. You should show ties to your country and I think it should get approved.



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Robert Hollander<B> Esq.</B>



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