H1B NOID case was revoked by USCIS - File F1 COS to stay in US?

USA H1B
1

Hi Anil,

USCIS issued NOID and denied H1B

Need you r expert advise. iam very sad that my NOID case was revoked by USCIS .

they sent a letter to my attorney. have to wait for the letter…My curr H1 ext is also in pending with uscis which is based on my first approved i140. you already told that my h1 ext will not be granted becz my first ext is now revoked.

Convert from H1B to F1

so what options do i have . i consulted attorney here . they said i can convert h1 to F1 now and remain in status . my curr h1 is valid until june 2019.

so iam applying for colleges to get an i20 and apply for change in status. can i stay beyond my i94 date during this h1 to f1 convertion period…?

i am also applying status conversion for my wife from h4 to f1 parellely. my attorney said i will not out of status while the conevrsion/decision is pending with uscis.?
is that true.

the reason why going in this route is to settle my home ,car etc…if uscis approvesmy conversion then i will wait for the cpt and will do some part time jobs until one year of cooling period and apply for fresh h1.

Am i planning in the right way…? what others options do i have if i want to be status for few more months while i settle my things.thanks in advance

2

Sorry to hear about your H1B NOID. USCIS decisions are weird sometimes and we can;t really help it.

Do you know the reason of NOID?

File F1 COS and stay in US

You can file H1B to F1 COS and stay in US until a decision is made on your F1 application.

Please note that chances of F1 approval will be affected by the fact that you have i140 approved which shows your immigrant intent.

F1 does not allow immigrant intent. So, be careful.

3

My i140 is Noid and not H1 b extension.

My h1 b extension is still with Uscis and waiting for the decision.
all my 7 years of stay in this country has ended up like this…

what u think is my h1 b to f1 might also get denied because i already have an i140 is it…?

but now that i140 is NOID right. in this case why don’t the USCIS grant me a F1.

i have more enough money to support my education .parellely iam applying F1 for my wife. as well.

will that F1 also gets denied because she has a H4 EAD .what do you think.
do u know the processing time for H1 to F1 transfers…?

Thanks

4

If your i140 is NOID, then your H1B 7th year extention will automatically be denied unless you have other approved i140 to support it.

I just said that chances of F1 are affected by immigrant intent. People still get it. But chances are 50-50.

Processing time for H1B to F1 depends on the USCIS service center and varies between 5 months to 13 months.

5

Csn i Stay here while i wait for the uscis decision.
Beyond my i94 date.
My i94 expires in mid june.
Will i be on status after june?
What other options do i have now to be on status for couple more months while i wrap up my things.Thanks

6

Hi @kbrbalu
Please read my earlier answer. I have already answered all your questions that you have asked again.

7

Thank you for all your answers.Appreciate your efforts

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A post was split to a new topic: Can i apply H1 and F1 in parallel for my wife?