I am aiming to transition from the H-1B visa that ends next year to an F-1 visa, as I will pursue my Master’s in Phil in the US. However, given the recent news, I understand that I will have to return to my country to complete this process, and then return to the US if it’s successful.
Answers
Jimena G Cabrera
EB-5 Immigration attorneysThe H-1B classification is a dual intent visa category, whereas the F-1 classification is not. Where an application for adjustment of status (AOS) is pending, such pending immigrant intent may be a relevant factor in adjudicating a subsequent F-1 visa application and could affect eligibility determinations.
Tony W. Wong
EB-5 Immigration attorneysI don’t think so, because the recent policy applies to I-485, but your case is about a change of status from H-1 B to F-1. You can file Form I-539 before your H-1 B status expires.
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