Legal Question in Immigration Law in New York

H1 to F1 and back to H1

Hello:

I am waiting for my Labor approval which was filed on March 21 08 under PERM, current status shows in process.

My 6 years on H1 is over and I have filed petition for H1 extension for the period I was out of USA (around 5 weeks). Though the petition for extension is not approved, the 5 weeks period is getting over on May 03 08 (8 days from today). I will be out of status then.

Per advised from people I understand I have below options-

Go on B1

Go on F1

Go to India?

Please advice can I go on F1 and come back on H1 after labor get approval?

Can I file H1 extension?

What should I do?

Thank you very much


Asked on 4/24/08, 3:56 pm

5 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: H1 to F1 and back to H1

I have a follow-up question regarding our conversation. Please email me directly.

Regards,

Rachel

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Answered on 4/25/08, 5:47 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: H1 to F1 and back to H1

I have a follow-up question regarding our conversation. Please email me directly.

Regards,

Rachel

Read more
Answered on 4/25/08, 5:48 pm
Rachel Baskin Rachel Baskin, Attorney at Law

Re: H1 to F1 and back to H1

You will not be able to go on an H-1B after spending time in the US in F-1 status. There may be other employment based options for you if you wish to remain in the United States and work. I recommend that you contact an attorney to discuss other options. I would be happy to answer any further questions if you wish.

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Answered on 4/24/08, 3:59 pm
Amy Ghosh Law Offices of Amy Ghosh

Re: H1 to F1 and back to H1

You should have started the labor cert process earlier. Anyhow...there are few options...please contact me directly.

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Answered on 4/24/08, 4:25 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: H1 to F1 and back to H1

Even after your PERM application is approved, it will take some time until you actually obtain a green card. If you go on F-1, you will not be able to return to H1B. There may be different possibilities for you to stay legally in USA and work.

You should contact a lawyer immediately.

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Answered on 4/24/08, 5:58 pm


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