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Change H To F Visa, With I-140 Approved

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Change H To F Visa, With I-140 Approved

Postby ennis » Thu Jan 08, 2015 5:03 am

Dear Mr Sung:

I am a nurse from China. I have been working as a RN in Texas under H1C visa for over 2 years. I am also taking some courses in the Master program in Nurse Practitioner. I would like to change to F1 status in the fall semester and continue my graduate study. My H1C visa will expire in late Sept so I will quit my work and become a full time student then.

So I would like to apply for F visa from current H visa status. It should be easy. I got Form I-20 and I-539 from the university. But there is a problem. One hospital sponsored me I-140 in 2006 and got approved in March 2006. But it is EB3. And due to immigration backlog, I am not eligible to file 485 yet.(maybe at the end of this year or early next year, according to prediction of the current visa bulletin) I know F1 visa is non immigration visa. So do you think it is still OK for me to get F1 visa? I really would like to continue my study and graduate next year. If so, on the second page of I-539, how should I answer the first 3 questions: Have you ever filed immigration visa? Thank you so much.


ANSWER: Jessica,

F-1 is a nonimmigrant status, and unlike H-1b, does not allow immigrant intent.  Your approved I-140 is conclusive evidence of your intention to immigrate to the US, and when you apply for change of status, on Form I-539, there is a question that asks if you have ever been a beneficiary of any I-140, and you have answer truthfully.  The problem is that if you answer truthfully, your change of status may be denied by USCIS.  You can still give it a try, but your approved I-140 will certainly be a problem.


---------- FOLLOW-UP ----------

Dear Jack:

Thanks for your quick reply. I have to try once since there is no good option for me.

Do you suggest I should answer "no" to the questions on I-539? USCIS will probably check my old documents and find out.

If I answer yes, how shall I explain why I had a I-140 approved? Can I say I changed my mind and don't want to work for that hospital?

I really appreciate your help.

You can email me at: Jessica
Posts: 46
Joined: Fri Feb 15, 2013 7:22 am

Change H To F Visa, With I-140 Approved

Postby Rosston » Thu Jan 08, 2015 8:31 am

Hi Jessica,

1. I do not suggest putting NO to the question on I-539.  It may have misrepresentation issues.  USCIS may not check it but if it does, the damage will outweigh the benefits.

2. If you answer yes, it does not matter how you explain it.  

3. If your employer withdraws your I-140, then you can answer NO on that question.
Posts: 48
Joined: Sun Jan 12, 2014 4:28 pm

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