Immigration Issues/H1-B to F-1?
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.
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.