H1-GC-F1

[mazpathan]

I had a questions about green card processing. A friend of mine came here on a H1 visa, got married to a GC holder and applied for a GC. He now wants to go to school to pursue a higher degree and he has been told that he will lose his GC process if he switches to a F1 (student) visa, how true is this?

This is not a employement sponsored GC, it was done by his family.

Any help in this matter is appreciated.

[JoeF]

In which status is he now?
An F1 does not allow immigration intent. In fact, one of the questions on the application is "has an immigrant petition ever been filed on your behalf." He would have to answer yes on that, and that will result in a denial of the F1.
But, if he is in legal status, he may be able to study without changing status. For example, if he is on H1, he can study as long as he continues to fulfill his H1 obligations.

[mazpathan]

Thanks for the reply Joe. He is currently on a H1, he wants to dedicate full time towards school.

So if he tries to apply for a F1 now you think that his chances of being rejected are high?

All he wants to do is move from H1 to F1 without losing his standing for the Green Card. I did speak to a lawyer and she said it won't effect it but I still wanted a second opinion.

So all in all what I see is, he came here with a H1, got married to a green card holder later and applied for his green card. He's been working for a little over 2 years and now wants to get a degree and apply for higher posts so he wants to go to school full time.

Any help with this regards is appreciated and again thanks for the reply Joe.

[JoeF]

Re: Re: H1-GC-F1

"So if he tries to apply for a F1 now you think that his chances of being rejected are high?"

Not just high. It is sure that the F1 would be denied. CIS will have to deny it, since he has demonstrated immigration intent.

But I don't understand the whole thing, anyway. Has he filed an I-485? If so, he is legal, even without H1, and he could study just fine. If he wants to get a research assistantship or similar at the university, he would need to get an EAD, based on a pending I-485.