Legal Question in Immigration Law in California
H1 to F1 conversion
I'm on H1B visa with 6th year maxing out on May 18 '05. My current employer A has filed for labour(for GC) on May 18th '04. Kindly advise me on the following :
1) Can I join company B and transfer my H1 now(in Apr/May 05) and get the 7th year extension based on the current pending labour from A? Whats the risk involved? The current labour is still open and pending with SWA(now BEC). and company B says they would start my GC process afresh and so I wouldnt have any problem with 8th year H1 extension. Is that correct or are the 1 yr extensions after 6th year based on the date the labour was initially filed in 5th year of H1?
2) I plan to goto school fulltime and convert to F1 in 2005. Would I have any problem obtaining the F1 visa?
3) When I get the admission and F1 visa do I have to leave the country and enter back again when the school starts?
4) After I finish school in 2 yrs would I be eligible for fresh H1 for 6 years, I wouldnt have left the country since I would be in school. Thanks.
2 Answers from Attorneys
Re: H1 to F1 conversion
You can transfer to company B and extend your H1 for 7th year or 8th year based on the original labor certification.
Whether you can change to F1 status depends on whether you can satisfy the non-immigrant intent requirement.
If you change to F1, and then apply for H1b, you still need to use the original labor certification to extend beyond 6th-year.
Re: H1 to F1 conversion
Have you conververted your case to new PERM ?
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