Legal Question in Immigration Law in Missouri

H1 to F1 after 6 years

I am completing my 6th year on H1B and I did not apply for a labor certificate. My wife got her H1B last year and her company is sponsoring her green card. Can I stay in United States on F1 visa after completing 6 years on H1B? If so, can I still be included on my wife's green card process?

Thanks,Chris


Asked on 7/19/04, 1:04 pm

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: H1 to F1 after 6 years

Yes, you can try to change to F-1, but the wisest thing to do is to join your wife's permanent residence case and get an employment authorization document and an advance parole. Then, you can work, attend school, travel, whatever.

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Answered on 7/20/04, 9:13 am
Giuseppe (Joe) Scagliarini Law Offices of Giuseppe Scagliarini

Re: H1 to F1 after 6 years

You should have no problem. The visa category is called F-4 and should not impair your abiility to obtain permanent residence. However, you will have no work authorization until you get yor green card.

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Answered on 7/19/04, 3:57 pm


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