F Visa Blog Entries

  • Getting F-1 while I-485/AOS is pending

    Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.

    Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.

  • From H-4 to F-1

    Some questions from the community:

    I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:

    a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?

    No. An I-539 is used if you want to change status within USA.