Legal Question in Immigration Law in Illinois

Hi I have question .

my second h1 I-94 expired on Jan 11 2010 and My employer had applied for extension based on approved I-140 . got an RFE and replied back on March 10. current status is still pending.Can you please let me know can Change my status to F1 now and how long does it take to to convert to F1. mean while if H1 is approved what would be my status will it H1 or F1?


Asked on 5/04/10, 1:11 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Normally there would be no problem in changing status from H1B to F1, but if your I-94 has already expired (it appears from your email that it expired on Jan. 11, 2010), then you will not be granted change of status,

You can apply for F1 visa stamp from a U.S. Consulate abroad, but filing for change of status within the U.S. is not possible until the H1B petition requesting extension of status is approved first (there will be a new I-94 attached to the bottom of the H1B approval notice).

You can contact our law firm during business hours at 212-268-3580, or email [email protected]

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 5/09/10, 5:18 pm


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