H1-B (I-140 approved) to J2 or F1

[PeaceFrog]

Hello all,
I am currently under H1B with I-140 approved (Indian national). I would like to enroll in a univ program as a full time student next year.
In order to do this, I will have to be on either F-1 or on J-2 (dependent on spouse, who is currently on J-1). I am not planning to travel outside the US anytime soon.

Does anyone have experience moving from H1B + I-140 to either F-1 or J2?

Based on my priority date, I will have to wait at least 4-5 years before I am able to file for adjustment of status. I do not want to wait for 4-5 years before taking up further studies.

Any advice and sharing of experiences from those who have been in a similar situation would really help.
Thanks!

[raghvi]

Hello all,
I am currently under H1B with I-140 approved (Indian national). I would like to enroll in a univ program as a full time student next year.
In order to do this, I will have to be on either F-1 or on J-2 (dependent on spouse, who is currently on J-1). I am not planning to travel outside the US anytime soon.

Does anyone have experience moving from H1B + I-140 to either F-1 or J2?

Based on my priority date, I will have to wait at least 4-5 years before I am able to file for adjustment of status. I do not want to wait for 4-5 years before taking up further studies.

Any advice and sharing of experiences from those who have been in a similar situation would really help.
Thanks!

I would advise J2, as F1 inherently requires non immigrant intent wheras you have already shown immigrant intent by having I140.

But the downside is that on J2 you may not be eligible for OPT.

This is my opinion not legal advice.

[PeaceFrog]

Thanks!
That makes sense.
OPT is not an issue. This will be a second degree, so I cannot use the OPT anyway. On J2, I may apply for an EAD and continue renewing J2 EAD until my spouse's GC comes through.