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questions on moving to F1 Visa

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Filed: F-1 Visa Country: India


Greetings to all.

I am currently working in the US on a H1B visa and want to go back to graduate school. I have an approved I-140. I have been on H1B more than 6 years (since I have a approved I-140). H1B is a dual intent visa (you may or may not intend to immigrate) - even though it is termed a non-immigrant Visa. An approved I-140 is construed as an intent to immigrate. But F1 is a non-immigrant visa (you are not supposed to have a intention to immigrate).

I have 2 queries:

1) How likely is it that my F1 Visa request will be rejected?

I have heard conflicting accounts of this - Univ or Michigan international center and a immigration layer I consulted are of the view that my F1 application will be rejected. But I have heard from a few acquaintances that there are many people in a similar situation who have received F1 visa. How can I improve the chances of my F1 visa application?

2) Can I continue to work in the US after I have completed my graduate studies? Since I have completed more than 6 Years on a H1B visa do I need to spend 1 year outside of US before I become eligible for a work visa in US? Or is there a way for me to continue working in the US after completing my education on a F1 Visa?

Thanks in advance for your kind help.


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