Immigration Issues/H1-B to F-1?

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Question
I am from India and work in US on an H-1B visa. My employer has applied for my labor certification, which is currently pending for approval at the regional office. I plan to leave my job in the next few months and join an MBA program in US. Can I be granted an F-1 visa even though I've applied for labor certification and thus shown immigration intent?

If yes, do I have to leave US to apply for an F1 visa or can I get the visa while I am here in US?

Thanks in advance.

Answer
Technically  you can not get an F-1 because of your pending labor case. However, while the case is at the Labor Department and an I-140 has not been filed, Immigration does not know of your intent.

You do not have to leave the U.S. to apply for a change of status. Just file form I-539.

Leaving your employer may not be the best thing though. You have to make sure they will continue to sponsor you and can docuemtn that your services are needed.


Robert  

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