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Posted on 25 Jan 2012
Q.

H1B to F1 while PERM has been filed

Hi David,

I’m currently on H1B. My employer filed a PERM for me late last year. Now the PERM application is pending and expects to be approved soon. I recently received an offer to a full-time MBA program and I intend to enroll this Fall. So I decided NOT to pursue the I-140 application.

My questions are:

1) Will an approved PERM automatically disqualify COS from H1B to F1? In your opinion, what are the chances that one can successfully change status from H1B to F1 with PERM filed?


2) On form I-539, it is asked “Has an immigrant petition ever been filed for you?” Is the PERM application an immigration petition? Is it safe to answer “No” because I did not file I-140?


3) Is there anything I can do to improve the chances of COS to F1?

Thank you for your help.

User's Location: Dunlap, Illinois, United States of America
Category: F1 Visa (Student Visa)
Posted on 27 Jan 2012
A.
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David Rubman
Immigration Lawyer
Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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