H1 to F1 - after 6 years of H1B.

[Christopher_Haughley]

Hello.

I'm currently on a H1B Visa, on my 6th year. My employer has filed for PR - currently in I-140. I'm planning to quit and enroll into a PhD program in the US; understand that will need an adjustment of Status. I will need to get on a F1. With my 6 years close to being over; I should soon be able to get a 3 year extension. Would I be able to then quit and change status to F1, and study in the US without having to leave the country or wait a year, outside the states?

Thanks,
Christopher

[Bass_Cadet]

Hello.

I'm currently on a H1B Visa, on my 6th year. My employer has filed for PR - currently in I-140. I'm planning to quit and enroll into a PhD program in the US; understand that will need an adjustment of Status. I will need to get on a F1. With my 6 years close to being over; I should soon be able to get a 3 year extension. Would I be able to then quit and change status to F1, and study in the US without having to leave the country or wait a year, outside the states?

Thanks,
Christopher

Maybe Im wrong (im no expert) but I though that after being on an H1B for 5 years or more that you can apply and get a green card negating the need to change status to F-1?

[senthil1409]

Christopher,

I'm in the same boat as you are. My H1B is expiring in May 2012 and I'm planning to switch to F1. My I-140 NIW is pending. After talking to an immigration lawyer my understanding is that I can switch to F1, but since I-140 has been applied, they say that it will be hard to convince USCIS of the intent to leave the country after grad school.

Let me know what your thoughts are, and if you have any advice.