Legal Question in Immigration Law in Pennsylvania
H1B, GC to F1
My 6 year quota of H1B would
expire in 1.5 years. I have started
GC PERM process from my company
last month. Next year I have plans
to join a business school for which I
understand,
I would have to change my status
to F1.
1) To my knowledge, having
immigration intent will be an issue
in getting F1. Is it possible for me
to change my status to F1 if I stop
my GC process before I start with
I140.
2) There are several milestones in
the GC process. If I m willing to
wait for time, say 2-3 years, will I
be able to join a school
(with/without F1) after reaching
one of these milestones.
3) Is there a way I can join school
without affecting my green card
process.
1 Answer from Attorneys
Re: H1B, GC to F1
You are permitted to attend school while maintaining H-1B status so long as you are in compliance with the terms of the H-1B petition filed on your behalf. For example, if the H-1B petition sets forth full-time employment, you must be engaged in full-time employment with the H-1B petitioner. If you contemplate part-time employment, an amended H-1B petition should be filed to reflect such part-time employment.
In any event, I would recommend either a phone or in-person consultation to discuss your options in detail.
The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.
Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.
Anthony F. Siliato, Esq.
MEYNER AND LANDIS LLP
One Gateway Center
Newark, New Jersey 07102
www.meyner.com
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